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4781 REVIEW DENIED To constitute a breach of the warranty established by California's UCC section 2312, which provides that certain commercial sellers warrant merchandise is delivered free from any rightful claim of a third party, it is not necessary that a claim asserted by a third party be one that will succeed, but only that it be nonfrivolous and have a significant and adverse effect on the buyer's ability to make use of the purchased goods; a claim for trademark infringement requires showing that the public could confuse the alleged infringer's mark with that of the claimant.CitationPACIFIC SUNWEAR v OLAES (Hot Sauce Monkey) 167 CA4 466 [See: CA UCC 2312; AmerUS v B of A 143 CA4 631, T/AT 11/06]
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