Trade Dress, Likelihood of Confusion and Passing Off


The IP Factor

Not that kind of can can... Not that kind of can can…

XL Energy International Corp. is a leading manufacturer of energy drinks.

Here is one of their cans:

classic XL can

Cool Trade & Industry Co. have twice tried to get large shipments of empty beverage pans into the West Bank (also known as the Palestinian Authority and as Judea & Samaria) over the Allenby Bridge from Jordan. The shipments were each of 600,000 cans. In the first case, Judge Gideon Ginat of the Tel Aviv District Court ruled that there was a likelihood of confusion between the Cool Trade & Industry Co cans and those of XL and that the cans should be destroyed or sent back to Jordan, whereas in the second case, he ruled that there was no likelihood of confusion and the cans could enter the country.

The decision highlights the fine differences between competing products that are legitimate alternatives, and those that are…

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