False Association • Secondary Meaning • Infringement • “Origin” • Inherently Distinctive • Actual Confusion
Parks LLC v. Tyson Foods, Inc., PICS Case No. 17-1234 (3rd Cir. July 6, 2017) Jordan, J. (33 pages).
District court properly granted summary judgment to appellees in appellant’s false advertising and trademark infringement claim because appellant failed to show a secondary meaning for its mark where there was almost no direct-to-consumer advertising, appellant had a miniscule market share and there was practically no record of actual confusion. Affirmed.
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