Unfair Competition - Trade Name, Service Mark, and Trademark Infringement and Dilution

To sustain a cause of action for unfair competition in the use of a tradename justifying the issuance of an injunction, the plaintiff must prove: [1] During prior, continuous use of plaintiff's name or mark plaintiff's tradename has acquired a secondary meaning; [2] thereafter defendant used and is using a tradename which, under all of the circumstances, the purchasing public is likely to confuse with the plaintiff's name or mark, and [3] by reason of the deceptive appearances, the public is likely to identify the defendant's product as that of the plaintiff or to conclude that the plaintiff has some connection with the production of the defendant's goods or services.

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