AMF Inc. v. Sleekcraft Boats Case Brief Summary | Law Case Explained

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AMF Inc. v. Sleekcraft Boats, 599 F.2d 341 (1979)

In a trademark-infringement suit, the trademark owner must prove an unauthorized use that’s likely to cause consumer confusion as to a product’s source. In AMF Incorporated versus Sleekcraft Boats, we explore the factors for assessing likelihood of confusion.

AMF manufactured recreational boats under the trademark Slickcraft. The boats were for family activities, including fishing, cruising, and water skiing. AMF sold them nationally via authorized retailers and advertised in magazines of general circulation.

Bruce Nescher started a company named Sleekcraft Boats. He too sold nationally via local dealers, although different ones. The boats were recreational, but they were low-profile boats intended for high-speed cruising, water skiing, or racing. Nescher advertised primarily in racing publications.

Slickcraft and Sleekcraft boats were priced similarly and were sometimes exhibited in the same boat shows. Additionally, the local retailers for each used the same promotional methods.

When Nescher adopted Sleekcraft, he wasn’t aware of the Slickcraft mark. And once aware, Nescher adopted a distinctive logo and added a designation with his name to his boats and most advertising. But the Sleekcraft mark appeared by itself on certain stationery, trucks, signs, and advertisements.

AMF sued Nescher for trademark infringement, seeking an injunction prohibiting Nescher from using the Sleekcraft mark.

The district court denied the injunction, finding the likelihood of consumer confusion insufficient. AMF appealed to the Ninth Circuit.

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