Flashcards Studio

Panorama Beverages, Inc. owns the registered mark MOUNTAIN FROST for bottled water and carbonated beverages, first used in commerce in 2015. A competitor, SUMMIT SPRING CO., starts marketing bottled water and a flavored seltzer under the brand MOUNTAIN FROSTY, featuring a mountain peak logo and blue-and-white packaging, sold through the same channels as Panorama’s products. Panorama sues Summit Spring for trademark infringement under the Intellectual Property Code (R.A. 8293), alleging use of a confusingly similar mark in commerce for goods identical or related to Panorama’s. Summit Spring pleads (a) no likelihood of confusion, and (b) descriptive or nominative fair use. Answer the following:   (a)Identify the central doctrine and the elements Panorama must prove to prevail. (b)Distinguish the controlling rule on “likelihood of confusion” from other tests and indicate whether actual confusion must be proven. (c)Apply the rule to the facts and determine whether Summit Spring’s use constitutes infringement. If infringement exists, state the remedies Panorama may pursue.