United States Tenth Circuit

In a trademark-infringement suit over defendant's use of the name "Craig Allen's" for a grooming salon, judgment that the name did not infringe on the mark "John Allan's" is reversed and remanded where: 1) evidence that consumers were confused by the two names should have been considered; 2) there were internal inconsistencies in findings regarding the likelihood of confusion of the two names; and 3) the "safe distance" rule did not require injunctive relief to assure that defendant choose a new mark that avoided all possibility of confusion.

Appellate Information

• Decided 08/28/2008
• Published 08/28/2008

Judges

• MURPHY, Circuit Judge., Before MURPHY, HOLLOWAY, and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Kenneth L. Bressler, Blank Rome LLP, New York, N.Y. (Charles E. Millsap and Lyndon W. Vix, Fleeson, Gooing, Coulson & Kitch, L.L.C., Wichita, KS, with him on the briefs), for Plaintiff-Appellant.


• For Appellees:
  
• Todd N. Tedesco, (James M. Armstrong with him on the brief), Wichita, KS, for Defendants-Appellees.