King Of The Mountain Wool - I Have A Name Written On Me But It Isn't My Name

Only defendant Bogner sells clothes, but it does not sell hunting apparel. Accordingly, I will grant defendants' motion for summary judgment on this claim. 1984); McCarthy on Trademarks and Unfair Competition, 4th Ed., Chp. Darn Tough King Of The Mountain Micro Crew Ultralight Socks - Men's - Clothing. Items in the Price Guide are obtained exclusively from licensors and partners solely for our members' research needs. Similarly, here there is no evidence that persons outside of plaintiffs niche market would associate the phrase "King of the Mountain" with plaintiff. If you suddenly can't find all your other socks, blame the Darn Tough King Of The Mountain Micro Crew Ultralight Men's Socks. It is quiet though and the Fall Grey (IIRC) though is one of the best camo patterns going.

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Moreover, viewing the evidence in a light most favorable to plaintiff, I am convinced that plaintiff's and defendants' products and services are "related" enough to support a claim if likelihood of confusion can otherwise be shown. If I had to do it all over again I would go with a full set of Sitka gear. King of the mountain wool gear. If you have the money, want the best and aren't in a hurry then KOM is hard to beat. The Bomber is #1 in my book. King of the Mountain Wool, Trapper Pullover.

Bulky, lightweight and comfortable to wear. King of the mountain wool camo muk luks. § 1125(c); (4) common law trademark infringement and unfair competition; and (5) violation of Colorado Consumer Protection Act, § 6-1-105(1) (a), (b), (c), (e), (h). Similarly, here I need to consider whether plaintiff's mark is strong and distinctive as applied to the products and services defendants provide in conjunction with their challenged mark. Etsy has no authority or control over the independent decision-making of these providers. This year I made a little video promo ad for King of the Mountain Outdoor Gear and I was happy to do it because I really believe in his gear, I have been guiding with mine for around 15 years now.

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For example, Etsy prohibits members from using their accounts while in certain geographic locations. Further, plaintiff may only maintain a dilution claim if its mark was famous before defendants began their use of their logo. I think in this day and age if I was starting out with a serious outfit I would research synthetics. Made of durable, insulating Omnitherm wool fabric, this jacket offers superior protection from extreme conditions. We alway's called it "King Of The Wallet" but there is a reason that it's so spendy. Thanks for all of the input, It sounds like a mixed review so I need to decide if I want to fork all that money out to try it or just go with what I am currently using. The first thing I'd like to say here, really, is that we owe a debt to these companies for helping to preserve and revive interest in and respect for woolen outerwear. King's Camo now available in the GOHUNT Gear Shop! I dont own any Sleeping Indian yet, but I might try them on my next piece. King of the mountain wool bibs. Sleeping Indian makes a comparable product for less money.

Therefore, plaintiff has failed to meet its burden to raise a genuine issue of fact whether their marks are famous within the meaning of § 1125(c). Introduction: "Omnitherm . The 7 Rem Mag is over bore. All of the factors are interrelated, and no one factor is dispositive. " The motion is adequately briefed and oral argument would not materially aid me in deciding it. 00 Accepted Payment Methods: Returns: No Returns Description: This is a complete set of King of the Mountain Omnitherm Camo. 875 F. King of the mountain and ll bean wool **sold. 2d 1026, 1030-31 (2d Cir.

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The Bowman Jacket is the ultimate choice for outdoor enthusiasts looking for a versatile and durable jacket. During the week of February 4th-10th you will be able to contact Auction Support at 406-404-8765. I am convinced that there is no genuine question that "Jeep" is the dominant portion of defendants' mark; however, even assuming that the phrase "King of the Mountain" is the dominant portion of defendants' mark, the marks as a whole are not confusingly similar.

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If your hiking much, it may be too warm. Built to last a lifetime, you can trust that our garments will keep you warm. You can check out the promo below. Happy escapee from NY. A significant point: How many other companies offer fabric samples? But anyway, it would be pretty-much impossible to do detailed comparisons. Similarity of the Marks.

1989) (interpreting a similar New York State statute prohibiting trademark dilution). But Debby -- the Real Boss (usually) -- put the arm on me to list only those companies/fabrics for which we have something to say. Small tear in right shoulder, easy fix for a tailor or someone that can sew. Black||Fractal 3D - Changes with sunlight. Hills are your friend, and you don't have to be the G. O. However, we invite other makers of outerwear to work with us and compete with us in head-to-head comparison and testing. 1052, 115 S. 655, 130 L. 2d 558 (1994). I rarely use them anymore, the snow and mud has a tendency to stick to the gaiters making them heavy.

Defendants Schneidman and Schelde work for Eclipse and were involved in the selection of the defendants' logo. Indeed, any arbitrary mark is "distinctive, " but that alone does not make the mark "strong. " A plaintiff may not contradict earlier testimony for the purpose of creating a fact issue precluding summary judgment. Anyway, this page is an area where we can use input from lots of people … people who have knowledge of the many other brands, and hopefully, WeatherWool too. Celotex, 477 U. at 325, 106 S. at 2554. Thanks for all your input! I agree that defendants are not liable on any of plaintiff's claims. Such evidence falls clearly short of that necessary to support a finding of actual confusion, and I will not consider it here. Size's are 32-34 on the Bun Warmer pant's, Med, on the Hooded Zipper Bowhunter Jacket, large on the reversable Rail Road Hat, and the Lumbar Pack holds 1750 cu in.

Filson is over 100 years old and has made many different types of garments and even many different types of products over the years. Here, as in Universal Money Centers, the sight, sound, and meaning of the marks are "strikingly dissimilar, " and this factor weighs heavily in favor of defendants. A party seeking summary judgment bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of the pleadings, depositions, interrogatories, and admissions on file together with affidavits, if any, that it believes demonstrate the absence of genuine issues for trial. The new synthetic materials today pretty much blow it away in terms of weight.

But it is important to keep in mind that different brands and even different items within each brand are designed for different uses, so truly direct comparisons may not really make sense, or not really be useful. 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 have my favorite pieces that I grab for every trip, however, some of it is best suited for stand hunting vs moving around because of weight. § 1125(a); (3) trademark dilution under 15 U. Enough to stand up to the vigors of the outdoors, and weatherproof. IMPORTANTLY... we don't want to get into a lawsuit shooting-match with some corporate lawyer.

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