Doe Lang, Petitioner/defendant-Appellant v. Retirement Living Publishing Co., Inc., Respondent/plaintiff-Appellee

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 use of the name “New Choices for the Best Years” was not confusingly similar to plaintiffs mark, “New Choices Press,” based in part on the defendant’s inclusion of additional words and use of a different typeface
• finding that although Lang’s publishing house and defendant’s magazine are in the field of publishing, this does not render them proximate
• stating that the confusion relevant for trademark infringement is mistaken purchasing decisions not confusion generally
• stating that “issues of good faith are generally ill-suited for disposition on summary judgment” (alterations and citation omitted)
• holding that Defendant’s “prior knowledge of [plaintiff’s] trade name does not give rise to a necessary inference of bad faith, because adoption of a trademark with actual knowledge of another’s prior registration of a very similar mark may be consistent with good faith”
• concluding that two designations were not substantially similar so as to cause confusion, in part because although they both used the words “New Choices,” one “always includes the word ‘Press,’ whereas” the other party’s “mark always includes the words ‘For The Best Years’”

Source: CourtListener parenthetical corpus (CC0).