Intellectual Property Law

4th Circuit: Post-Purchase Confused Restroom Users

By Marty Schwimmer

GP licenses the ENMOTION towel dispenser to distributors who license it to restroom operators. The restroom operators are contractually obligated to use only ENMOTION brand toweling. Von Drehle created compatible (and allegedly inferior) paper for the ENMOTION dispenser. Fourth Circuit reverses lower court's dismissal of GP's trademark infringement cause, as GP may be allowed to show actionable post-purchase confusion by the non-purchasing public: namely restroom users who expect ENMOTION towels to come out of an ENMOTION dispenser (GP argued that this was analogous to expectations that COCA COLA is dispensed from a COCA COLA-marked soda fountain.

Question: Assuming that the restroom operators are not confused, how would confusion among restroom users affect GP monetarily?

Also: the concurrence on page 25 is a must-read.
Decision 4th Circuit GP Enmotion Dispenser

Full post as published by Trademark Blog on August 12, 2010 (boomark / email).