Jury Finding of Reverse Confusion Affirmed for ATTREZZI Mark on Kitchen Tools

Case: Attrezzi, LLC v. Maytag Corp. (1st Cir. 1/27/06 - No. 05-2098, 05-218)

The One Sentence Summary: Maytag's adoption of "Jenn-Air Attrezzi" infringed the trademark of plaintiff's ATTREZZI mark for kitchen tools.


First Circuit Holdings:

• A jury trial on a trademark infringement claim was appropriate where plaintiff sought as damages the cost in opposing the trademark registration of defendant.
• Attrezzi was suggestive of kitchen tools because it is translated from Italian as tools.
• In reverse confusion claim that junior user Maytag could swamp the senior user name recognition, the use of the combined phrase "Jenn Air Attrezzi" could make confusion worse.
• The jury's decision of likelihood of confusion was not irrational and could not be overturned.
• Lanham Act provision for attorneys' fees did not preempt more plaintiff-friendly provisions of New Hampshire unfair competition statute.
• The district court acted within its discretion in allowing defendant 12 months as a sell-off period of infringing merchandise.