A&h Sportswear, Inc Mainstream Swimsuits, Inc. v. Victoria's Secret Stores, Inc. Victoria's Secret Catalogue, Inc

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “defendant’s intent will indicate a likelihood of confusion only if an intent to confuse consumers is demonstrated via purposeful manipulation of the junior mark to resemble the senior’s”
• noting that trial court’s conclusion that consumers are discriminating in selecting swimwear “rings especially true”
• noting that similarity in price range favors finding that parties’ products overlap in channels of sale and advertising
• noting that when comparing marks, “an effort must be made to move into the mind of the roving consumer”
• noting that “an intent to confuse consumers is demonstrated via purposeful manipulation of the junior mark to resemble the senior’s”
• noting that a plaintiff is more likely to succeed when “pitted against a defendant with a far stronger mark” in reverse confusion cases

Source: CourtListener parenthetical corpus (CC0).