Western Branch Diesel Charleston Wv
From Empire's website: "We buy our 100% wool blankets and 85/15 wool blend fabric direct from the mill. H) whether the mark was registered under the Act of March 3, 1881, or the Act of February 20, 1905, or on the principal register. 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. Save money when buying a vest or jacket by adding conceal & carry pockets must be ordered & can NOT be retrofitted. It is up to you to familiarize yourself with these restrictions. Although plaintiff admits that its customers are sophisticated because it sells high quality goods at fairly high prices, it argues that this factor does not address the question whether consumers are likely to be confused into thinking plaintiff sponsors or is connected with defendants' ski races an affiliation plaintiff apparently wishes to avoid. I would like to try a set of the Browning wool and may get it to leave at our property. Experience the difference with King of the Mountain hunting apparel, and gear up for your next hunting trip with confidence. Plaintiff began using "King of the Mountain Sports, Inc. " as its primary designation in 1983. Have the Bomber hat and a Railroader also. Seller: wildwoodsman77 ✉️ (712) 0%, Location: Hayden, Idaho, US, Ships to: US, Item: 234013149450 king of the mountain wool camo. Because plaintiff has alleged both direct and reverse confusion, I must examine the degree of care likely to be exercised by consumers in purchasing both plaintiff's and defendants' products and services.
We alway's called it "King Of The Wallet" but there is a reason that it's so spendy. Here again, there is no evidence that any of the defendants are using their logo to sell clothes and compete with plaintiff. The shell and the liner, which has removable arms, can each be worn arting at $689;% 970-962-9306. Part of the reason is I rarely wear it. Defendant Chrysler, manufacturer of automobiles, including the "Jeep" line of vehicles, sponsored the series of ski races produced by Eclipse California in the 1993-94 (one race) and 1994-95 (three races) seasons and by Eclipse in the 1995-96 (five races) season. To the extent plaintiff's claim is based upon traditional confusion as to source, this factor favors defendants.
Wool in general, no matter what color, camo, plaid, or solid will help hide you in the field because it diffuses light instead of reflecting it. If you hunt in very cooled weather this is the jacket for you. Quoting Warner Bros. American Broadcasting Cos., 720 F. 2d 231, 246 (2d Cir. Therefore, the public is not as likely to be confused as to source or affiliation because plaintiff's mark is not very distinctive in this setting, and consumers are less likely to associate plaintiff with the events sponsored and run by defendants. 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. Even Mr. Cavalier, plaintiff's president, admitted that the best way to determine the maker of a jacket is to look on the tag inside of the collar. WeatherWool has implemented all of those ideas, and more. 00 Accepted Payment Methods: Returns: No Returns Description: This is a complete set of King of the Mountain Omnitherm Camo. Although somewhat pricey, It has been worth every penny. Defendants' mark is bright and attention-grabbing, connoting the fun and speed associated with ski racing. Bogner supplied the ski jackets on which defendants affixed their logo. For stand hunting or returning to a cabin or warm wall tent each night it would be fine. I now use it hunting around KY and TN and on visits back out to WYO. Tariff Act or related Acts concerning prohibiting the use of forced labor.
I agree that "King of the Mountain" is inherently distinctive when used as a trademark on outdoor clothing. Thanks for all your input! Celotex, 477 U. at 325, 106 S. at 2554. Contact: Marc Hansen. This feature is especially useful in extreme temperatures, where the active wearers will look like they are covered in hoarfrost on the outside while staying warm on the inside. 23-25, 33, 35, 38, 40-41. The unauthorized use of "any reproduction, counterfeit, copy, or colorable imitation" of a registered trademark in a way that "is likely to cause confusion or to cause mistake, or to deceive" constitutes trademark infringement under the Lanham Act. 1 at ¶ 12; *575 Cavalier Depo. This policy applies to anyone that uses our Services, regardless of their location. Description: May not be exchanged for size. Stay hungry my friends. I went through a period of a few years where I used a wore a lot of synthetic stuff. The *571 words "Downhill Series" were not added until 1994, and are still not always used.
I think a comparison has to be based on testing... so basically a comparison means putting the subject garments thru the same series of tests, and then evaluating the test results. Amoco Oil Co. Rainbow Snow, 748 F. 2d 556, 558 (10th Cir. It's all I really need as long as it not dumping rain. With our team led by an outdoor enthusiast with 40+ years of experience, we recognize the struggles of harsh weather conditions. For example, when a consumer thinks of a wool jacket, it is not likely that he will automatically think of the phrase "King of the Mountain. Accordingly, I will grant defendants' motion for summary judgment on this claim. The King of the Mountain was way too hot for me! In this context, similarities between the marks should be given more weight than differences. Plaintiff has directly targeted hunters through advertisements in hunting magazines and sports shows.
It includes a number of features beyond the "King of the Mountain" phrase. If you haven't tried the King's XKG line, what you're getting is quality gear, at the right price. Second, even were I to credit Cavalier's affidavit, there is no evidence that any of the defendants has used the logo in question to sell clothing of any kind. The 5-in-1 parka system is designed to keep you warm, dry, and comfortable while also allowing for easy movement and weapon handling, making it the perfect hunting gear for even the toughest conditions. In Mead Data Central, Inc. Toyota Motor Sales, U. We take pride in our commitment to American-made products, and it shows in the quality of our wool hunting clothing.
However, "[w]here a trademark is itself weak, minor additions may effectively negate any confusing similarity. " The evidence presented leaves no question of fact that defendants have used their logo only in a form including the word "Jeep. " Plaintiff asserts a claim under the Colorado Consumer Protection Act (CCPA), Colo. § 6-1-105(1) (a), (b), (c), (e), and (h). Similarly, here, the only similarity between the plaintiff's and defendants' marks is that they both employ the phrase "King of the Mountain. Finally, the marks of plaintiff and defendants do not convey the same meaning or stimulate the same mental reaction. The jacket features removable sleeves and a zip-out lining, transforming it into a variety of hunting garments, including a vest, jacket, and insulated parka. For the following reasons, I will grant defendants' motion for summary judgment on all of plaintiff's claims. The Bowman Jacket is not just a fashion statement, it is a vital piece of equipment for any outdoor enthusiast. Choose SH Member and purchase. The first time I hunted the haul road I took a number of pieces of KOM wool up there. This means that Etsy or anyone using our Services cannot take part in transactions that involve designated people, places, or items that originate from certain places, as determined by agencies like OFAC, in addition to trade restrictions imposed by related laws and regulations. Therefore, the relatedness of plaintiff's and defendants' goods and services and the manner of their marketing are highly relevant even to a claim based upon a likelihood of confusion as to sponsorship or affiliation. I had one piece - a shirt - shrink two sizes on careful washing; they replaced it but I wonder about QA on that one. I agree that defendants are not liable on any of plaintiff's claims.