Further, there is no evidence that defendants intentionally attempted to profit from plaintiff's reputation and goodwill; the products and services of plaintiff and defendants and the manners in which they are marketed are not similar; and there is no evidence of actual confusion. 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. Moisture wicking, quick drying, and breathable. In Mead Data Central, Inc. Toyota Motor Sales, U. The Bowman Jacket is designed to protect you from the elements, ensuring that you stay comfortable and dry even in the most adverse conditions.
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Celotex, 477 U. at 323, 106 at 2552-53; Mares v. ConAgra Poultry Co., Inc., 971 F. 2d 492, 494 (10th Cir. Once a properly supported summary judgment motion is made, the opposing party may not rest on the allegations contained in his complaint, but must respond with specific facts showing the existence of a genuine factual issue to be tried. I went through a period of a few years where I used a wore a lot of synthetic stuff. Starting in 2020 only SH Members will be admitted to the annual hunting contest. Evidence of actual confusion is not required for a plaintiff to prevail in a trademark infringement action; however, it is strong evidence of a likelihood of confusion when competent evidence of actual confusion is presented. Similarly, here there is no evidence that persons outside of plaintiffs niche market would associate the phrase "King of the Mountain" with plaintiff. 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. This policy is a part of our Terms of Use. KING OF THE MOUNTAIN WOOL OUTFIT LESS THAN 1/2 PRICE XC. Defendants Eclipse and Eclipse California promote television and sporting events. Further, plaintiff cites Fisons Horticulture, Inc., supra at 478, where the court stated that "[t]he significant factor is not whether the word itself is common, but whether the way the word is used in a particular context is unique enough to warrant trademark protection. " It is quiet though and the Fall Grey (IIRC) though is one of the best camo patterns going.
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Repels water somewhat and keeps you warm even when wet but VERY slow to dry. Quoting Warner Bros. American Broadcasting Cos., 720 F. 2d 231, 246 (2d Cir. Introduction: "Omnitherm . If you suddenly can't find all your other socks, blame the Darn Tough King Of The Mountain Micro Crew Ultralight Men's Socks. Are they still in business? I have the day pack too which I bought for its quietness but it has no compartments, just one big pocket where everything get scrambled together. However, summary judgment should not enter if, viewing the evidence in a light most favorable to the nonmoving party and drawing all reasonable inferences in that party's favor, a reasonable jury could return a verdict for that party. And most garment manufacturers do not manufacture their own materials, whether synthetic or natural. Whether you're a seasoned hunter or just starting out, our collection of jackets has something for everyone. Pattern is Fractal 3D.
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Apparently KOM has outsourced assembly operations. Defendants' mark is bright and attention-grabbing, connoting the fun and speed associated with ski racing. Trademark Infringement (Likelihood of Confusion). To that extent, the use of the phrase "King of the Mountain" is considerably less distinctive and weaker than when plaintiff uses its mark in connection with outdoor clothing sales. One other thing to now my bunwarmers are at the factory getting fixed after a slip in the blowdown (crotch blowout). Omnitherm is machine. I've used KOM wool for years, over 20 to be exact.
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I do think, tho, that Gore-Tex has done a lot to get people thinking about clothes specifically for handling weather, and that is a big deal in my book! They are pretty durable but are showing the wear. Franks v. Nimmo, 796 F. 2d 1230, 1237 (10th Cir. Not sure if this is the right area to post this question, but does anyone own King of the Mountain wool clothing?? E-Mail: Web Page: Booth #. 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. A list and description of 'luxury goods' can be found in Supplement No. If we have reason to believe you are operating your account from a sanctioned location, such as any of the places listed above, or are otherwise in violation of any economic sanction or trade restriction, we may suspend or terminate your use of our Services. 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. Made from a combination of wool, carbon, kevlar, and cotton, this fabric is designed to withstand temperatures from subzero to over 70 degrees. That inclusion does much to diffuse any confusion that might otherwise arise from defendants' use of their logo. The Bowman Jacket's KarbonXtreme fabric is woven using a jacquard technique which creates a pattern that is literally a microscopic 'shingle on a roof' and allows the fabric to breathe. § 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).
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Rather, plaintiff need only prove that the public is likely to be confused about the source of the parties' products or services or about affiliations or sponsorships among the parties and their products or services. Pretty good when the temp dips a bit. Defendant Eclipse Television and Sports Marketing LLC (Eclipse) was formed in 1995 and purchased the right to contract with Chrysler to use the "Jeep KING OF THE MOUNTAIN DOWNHILL SERIES" logo from Eclipse Television and Sports Marketing, Inc. (Eclipse California). Plaintiff has presented no survey evidence, and what anecdotal evidence it has proffered is unavailing. Plaintiff does not respond to defendants' argument, and I agree with defendants. The parties disagree as to the correct measure of distinctiveness and strength of the mark. 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. " Weighing the enumerated factors, I conclude that it was not. I agree that "King of the Mountain" is inherently distinctive when used as a trademark on outdoor clothing. This policy applies to anyone that uses our Services, regardless of their location.
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The above list of outerwear makers, as it grows, might serve as suggestions for people looking for other possibilities. Happy escapee from NY. I have used it and can say that it is much warmer and stronger than the Columbia wool camo that I had. This year, I brought synthetics and down coat, a pair of Filson bibs, a Sleeping Indian anorak, and I was fine. I used them in the bow season in the midwest and they were perfect. I've gotten back to wool. If you hunt in very cooled weather this is the jacket for you. Members are generally not permitted to list, buy, or sell items that originate from sanctioned areas. Plaintiff, King of the Mountain Sports, Inc., is based in Loveland, Colorado, and sells camouflage-patterned natural fiber clothing manufactured by the Pendleton Wool Company.
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Further, that defendant Eclipse registered a trademark in Colorado on the phrase "King of the Mountain" without "Jeep" included is inapposite. I've tried all the other stuff, including high dollar synthetics, and nothing measures up IMO. Hunters these days deserve quality clothing. BABCOCK, District Judge. Plaintiff sells camouflage-patterned hunting apparel. I like the bowman jacket but it has a lining that cuts the wind out and I am thinking it will also keep the moisture in..? The king of the sock drawer. Here, as in Universal Money Centers, supra, the marks are strikingly dissimilar in sight, sound, and meaning. Items originating outside of the U. that are subject to the U. Enough to stand up to the vigors of the outdoors, and weatherproof. Rather, the logo is used in conjunction with promotion of the ski race series sponsored and run by defendants.
The economic sanctions and trade restrictions that apply to your use of the Services are subject to change, so members should check sanctions resources regularly. Accordingly, I will grant defendants' motion for summary judgment on this claim. They get awesome reviews!!! I find the bibs are a cut warmer than comparable products by say, Filson. I bought the KOM bushman shirt the bomber hat.
The 5-in-1 parka system is highly versatile, providing options for every kind of hunting condition. I don't always venture out into the sub-freezing darkness, but when I do, it is deer hunting season, and I carry a Remington. If you didn't know, our Founder, Lorenzo, first started big game hunting in King's Camo back in the day when he was younger, and last year he started to wear it again. Protect WYDAHO fish and game, fence out Utah. Obtain more details of this wonderful wool hunting outfit at Condition is basically brand new.
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