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If you have been in a cab in New York City, you have seen the little pine tree cutout hanging from the rearview mirror, spreading its aroma throughout the cab. Car-Freshener Corporation manufactures

If you have been in a cab in New York City, you have seen the little pine tree cutout hanging from the rearview mirror, spreading its aroma throughout the cab. Car-Freshener Corporation manufactures the cabbie air freshener in the shape of a mighty pine. CFC has competition from Exotica Fresheners Company, whose shape is a palm tree, including large leaves and coconuts.

 

The two companies have one particular scent, both calling it "Morning Fresh;" and their respective trees are in the exact same rosy pink color. Car-Freshener has brought suit against Exotica because it maintains that the color is likely to cause trademark confusion. The lawyer for CFC argues that the identical color is no accident but a ploy to create consumer confusion.

 

This suit is not the first between the two companies. In 1995, Exotica agreed to stop using CFC's trademark scent names ("Royal Pine" and "Vanillaroma"). In 2011, CFC successfully litigated and stopped Exotica from using "Black Ice" and lcy Black", two scents that appeared after CFC's introduction of it manly "Black Ice" scent.

 

What should the court do with the current litigation? [Car-Freshner Corporation v D & J Distributing and Manufacturing, Inc. d/b/a/ Exotica Freshners, 2015 WL 3385683 (S.D.N.Y. 2015)]

Jul 27 2021 View more View Less

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