Flavor Co. Won't Have Its Day In Supreme Court

Law360, New York (March 7, 2011, 2:34 PM EST) -- The U.S. Supreme Court on Monday declined to consider a case between SensoryEffects Flavor Co. and rival Sensient Flavors LLC over whether a defendant's intentions should figure into decisions about possible trademark confusion.

In its petition for a writ of certiorari, Sensient said the case offered the question of whether evidence indicating that a party intentionally selected a mark to confuse customers supports a presumption that the mark will likely confuse customers.

In August, the U.S. Court of Appeals for the Eighth Circuit refused Sensient's request...
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