639 cracker barrel restaurants are there in the united states.
how many cracker barrel restaurants are there in the united states?
639
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on november 14, 2013, in a unanimous ruling authored by judge richard posner, the seventh circuit court of appeals upheld a ruling by a lower district court judge granting an injunction against the sale of cracker barrel's meat products to be sold in stores. the seventh circuit upheld the injunction based on the combined similarity of the parties’ marks, goods, and channels of trade: "it's not the fact that the parties' trade are so similar that is decisive, nor even the fact that the products are similar (low-cost packaged food items). it is those similarities coupled with the fact that, if [cracker barrel] prevails in this suit, similar products with confusingly similar trade names will be sold through the same distribution channel – grocery stores, and often the same grocery stores – and advertised together." in judge posner's estimation, these similarities – despite the differences in the parties’ respective logos and regardless of where the products are located in relation to each other in grocery stores – might lead consumers to "think all the kraft products bearing the 'cracker barrel' name were produced in association with the defendant." in economics this behavior is referred to as 'traditional forward confusion.' the court further concluded the likelihood of confusion was exacerbated by the fact that both products at issue were inexpensive; thus, consumers were unlikely to scrutinize their respective labels. in response to the ruling, kraft foods and cracker barrel made an agreement regarding the use of the cracker barrel name. in exchange for kraft dropping the trademark-infringement lawsuit, cracker barrel agreed to sell its products under the brand name "cb old country store."
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