This section contains the nature of the case and procedural background.

P distributes fragrance products under the registered trademark OBSESSION. D manufactures an imitation of the OBSESSION scent, which it calls CONFESS and which it markets as part of its 'Designer Imposters' [sic] line of designer perfume imitations. D's body spray container displays the slogan, 'If you like OBSESSION you'll love CONFESS.' P filed a motion for a preliminary injunction. The district court found that the information on the body spray container viewed as a whole was ambiguous and did not provide sufficient information for the consumer to adequately compare the two products, thus creating a likelihood of consumer confusion as to the source or origin of CONFESS and its relationship to OBSESSION. Finding that Calvin Klein would probably succeed on the merits at trial, the district court preliminarily enjoined distribution or sale of the body spray container. It did not enjoin the use of the 'like/love' slogan itself but stated that the 'like/love' phrase could be used in conjunction with appropriate disclaimers or other source-identifying information. This appeal resulted.

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