Second Circuit – Freshner v Energizer – BLACK ICE v MIDNIGHT BLACK / ICE STORM
Plaintiff sold BLACK ICE car fresheners. Defendant sold a ‘dual scent’ car freshener – the package had a dial that allowed the user to choose between two scents – MIDNIGHT BLACK or ICE STORM. The two names appeared as MIDGNIGHT BLACK ICE STORM (See above). Defendant was very aware of plaintiff and its BLACK ICE…
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