As such, King's is something that we feel should be available to more hunters. And most garment manufacturers do not manufacture their own materials, whether synthetic or natural. For your consideration is a complete set of King Of The Mountain wool hunting clothing. I agree that "King of the Mountain" is inherently distinctive when used as a trademark on outdoor clothing. Omnitherm is unlike any. Now too old for cold weather hunting. The very purpose of a summary judgment motion is to assess whether trial is necessary. The 280 Remington is overbore.
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Are they still in business? 749, 750, 1969 WL 9078 (PO TM TApp Bd 1969). 113, 122, 141, 146-48; Exh. Finally, the marks of plaintiff and defendants do not convey the same meaning or stimulate the same mental reaction. Items originating outside of the U. that are subject to the U. This item SOLD at 2019 Feb 09 @ 14:30 UTC-8: PST/AKDT. Defendants submit evidence that the phrase "King of the Mountain" has been used for decades to describe, inter alia, a children's game, a Vail, Colorado volleyball tournament, the winner of mountain stages in bicycle races, etc. Pattern is Fractal 3D.
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I agree that this factor does not advance this case significantly. King of the Mountain: We were the largest "stocking distributors" of King of the Mountain when we founded WeatherWool in 2009. The Bunwarmer pants are too much for the spring but at 40 deg and under they are all I wear in the fall. A significant point: How many other companies offer fabric samples? 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. I expect I'll be treated likewise this time around also.
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Adventure, it had to be easy to care for at home or 15 miles from the. Are very large and/or old with many different products. Although I agree that likelihood of expansion into a particular market is an important factor in this inquiry, see Fisons Horticulture, Inc. Vigoro Indus., 30 F. 3d 466, 474 (3d Cir. That, to me, is not a bulky set up at all. Boreal Mountain Anoraks. Secretary of Commerce, to any person located in Russia or Belarus. This stuff wear's like iron and is the most quiet and comfortable wool clothing available. Plaintiff asserts a claim under the Colorado Consumer Protection Act (CCPA), Colo. § 6-1-105(1) (a), (b), (c), (e), and (h). Indeed, any arbitrary mark is "distinctive, " but that alone does not make the mark "strong. " Denim is a tough weave of cotton, so it is comfortable, and I wear it a lot myself... but the saying "cotton kills" is good advice. Indeed, plaintiff itself puts its mark on promotional items, including "Polo" shirts, although Cavalier admits he has "no idea" who makes the shirts. Given that "king of the mountain" *577 is used often to describe an individual who prevails in some competition associated with mountains, the phrase is simply not as distinctive in the context defendants employ it as the manner in which plaintiff uses it. It's heavy, does itch, at least for me and though washable you must be careful in doing so.
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Although I cannot say that "King of the Mountain" could not be distinctive when used as a trademark in connection with a ski race series, it could at least arguably be classified as a "descriptive" mark that would require proof of secondary meaning before federal registration. I would really like to own a pair of the bibs at some point. And unless you make the stuff from which your garments are made, you are competing on style, design features, marketing and price. Do not offer outerwear. Once the weather gets from the high thirties down to somewhere below zero all I want are my Filson bibs and coat, also a wool hat, gloves and socks. A. T. to wear our new King of the Mountain Cycling Cap. 1994), it is not dispositive here. 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. I find the stuff warm and useable, though heavy, down to about "0"; or anytime you deal with cold, and/or damp conditions. I've had my KOM for years, getting it originally for bowhunting in the Midwest. It's actually too warm for me personally. Celotex, 477 U. at 323, 106 at 2552-53; Mares v. ConAgra Poultry Co., Inc., 971 F. 2d 492, 494 (10th Cir. I was elk hunting and knew I'd be moving, albeit slowly, most of the day. This includes items that pre-date sanctions, since we have no way to verify when they were actually removed from the restricted location.
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Quickly after last season, he knew it was premium gear that needed to be offered to our customers. In Universal Money Centers, the court stated that "AT & T Universal Card" and "Universal Money" have different sounds and cadences. That quality clothing can allow you to hunt more effectively and also keep you stay safe no matter if you're hunting deep in the backcountry, or just going out each day from your truck. Whether you dislike camo wool and choose earth tones, that is fine. JT25 Posted January 24, 2022 Share Posted January 24, 2022 King of the Mountain wool hunting clothes for sale.
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The moving party need not negate the nonmovant's claims, but need only point out that "there is an absence of evidence to support the nonmoving party's case. " There, UMC used the word "universal" on its ATM cards and ATMs. Defendants have used the logo to promote the ski races on billboards, ski bibs, magazines, etc. 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.
Plaintiff argues that this factor favors neither side. Gore-Tex... probably the grand-daddy of synthetic outerwear for folks dealing with weather. I bought the KOM bushman shirt the bomber hat. Likelihood of confusion increases when the senior user's mark is strong. 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. BABCOCK, District Judge. The differences between the marks significantly outweigh any similarities. § 1114(1) (a); see also Jordache Enters., Inc. Hogg Wyld, Ltd., 828 F. 2d 1482, 1484 (10th Cir. With a list of the qualities needed for hunting instead of a list of readily available.
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