§ 1125(c); Clinique Labs., Inc. Dep Corp., 945 F. 547, 561 (S. D. N. Y. Indeed, defendants have presented copious and unrebutted evidence that "King of the Mountain" is used in connection with a wide variety of events, including sports competitions such as those sponsored and organized by defendants, that have nothing to do with plaintiff. Description: May not be exchanged for size.
However, we invite other makers of outerwear to work with us and compete with us in head-to-head comparison and testing. July 1, 1997. v. CHRYSLER CORPORATION, a Michigan Corporation; Eclipse Television and Sports Marketing LLC, a Colorado Limited Liability Company; Eclipse Television and Sports Marketing, Inc., a California Corporation; Bogner of America, Inc., a Delaware Corporation; Henry Schneidman, an individual; and Mark Schelde, an individual, Defendants. Strength of Plaintiff's Mark. I'm not abandoning wool cause it works better than many things under some conditions;but the synthetics are seeing more use for me, especially below zero. When you purchase from King of the Mountain, you can trust that you're getting top-quality hunting gear that will stand up to the toughest conditions. 1977) (establishing the doctrine of reverse confusion), cert. Before King of the Mountain developed their first yard of cloth in 1980, they began. It's wearing well, going on 20 years, so I guess, yea, it's been a good investment and has seen a lot of use. Experience the difference in quality and durability that comes with choosing King of the Mountain. Starting in 2020 only SH Members will be admitted to the annual hunting contest. It had to be versatile. In truly frigid weather one layer underneath is not enough and it's bulky enough that you can not wear more under it or at least I can't especially for bowhunting as you start to take on the look of the Pillsbury Dough Boy. A plaintiff may not contradict earlier testimony for the purpose of creating a fact issue precluding summary judgment. The one piece that I do use are the bun light pants.
Similarly, "Jeep King of the Mountain Downhill Series" and "Jeep King of the Mountain" have different sounds and cadences than "King of the Mountain" or "King of the Mountain Sports, Inc. " Jeep, again, is the dominant and first sound of defendants' logo. I have found it doesn't keep me toasty warm but comfortable over a wide range of temps. This is one such appropriate case. We may disable listings or cancel transactions that present a risk of violating this policy. Plaintiff asserts a claim under the Colorado Consumer Protection Act (CCPA), Colo. § 6-1-105(1) (a), (b), (c), (e), and (h). With a combination of innovative features and exceptional materials, you can be confident in the quality of our hunting apparel and accessories. Defendant Bogner manufactures the ski jackets on which defendants placed their logo; however, no such jackets have been sold. Happy escapee from NY. Nor is a consumer likely to be confused about the source of plaintiff's products. 00 SELLER: Bob Puette Add To Cart. Seven-Up Co., 628 F. 2d 1086, 1091 (8th Cir.
The XKG line was designed for western hunters and King's should definitely be in the conversation of a go-to brand. Balancing of Factors. There certainly is a ready made market for quality wool, whether you. A. T. to wear our new King of the Mountain Cycling Cap. 569 *570 Donald A. Degnan, Scott S. Havlick, Holland & Hart, Boulder, CO, Lile H. Deinard, Alan Mansfield, David M. Elkins, Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, New York City, for King of the Mountain Sports, Inc. Richard P. Holme, Glenn K. Beaton, Barry Bartel, Davis, Graham & Stubbs, Denver, CO, for Chrysler Corporation, Eclipse Television and Sports Marketing LLC, Eclipse Television and Sports Marketing, Inc., Henry Schneidman, and Mark Schelde. But anyway, it would be pretty-much impossible to do detailed comparisons. 1987) (noting that a similar test is used for false designation of origin claims under 15 U. There is nothing to suggest that clothing bearing defendants' logo would give any indication of the maker of that clothing only that the clothing was being used to promote the "Jeep King of the Mountain Downhill Series. " Television commentators have worn the Bogner jackets with defendants' logo on television during coverage of the ski races. The why of adding King's.
I have different pieces that ireceived as gifts. The more you machine wash your Omnitherm gear, the more. Similarly, here there is no evidence that persons outside of plaintiffs niche market would associate the phrase "King of the Mountain" with plaintiff. I know they are crazy expensive but I found some used on line and was wondering what there like. Accordingly, the court stated that "[b]ecause only one percent of the general population associates LEXIS with the attributes of Mead's service, it cannot be said that LEXIS identifies that service to the general public and distinguishes it from others. I don't wear it much anymore because it is so heavy. In addition, a ski racer with motion lines trailing behind him is prominently displayed in red. KOM is top notch stuff and so is Sleeping Indian but they are now out of business. King of the Mountain Sports, Inc. v. Chrysler Corp., 968 F. Supp.
Did you win this item? Filson is over 100 years old and has made many different types of garments and even many different types of products over the years. Given the arguments that I have determined persuasive here, defendants had a good faith belief that they were not infringing plaintiff's trademarks. Likelihood of either direct or reverse confusion is a question of fact. Click the links above to learn more and to start.
Bogner supplied the ski jackets on which defendants affixed their logo. Here again, there is no evidence that any of the defendants are using their logo to sell clothes and compete with plaintiff. Wear climbing a mountain or sitting on top, and do it all without the on-again, off-again. 578 Although, under the factors set forth in the statute, plaintiff's federal registration provides some evidence of the marks' fame, this alone is not enough.