H. Lubovsky, Inc. v. Esprit De Corp.

How courts have described this case

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

• holding that plaintiffs trademark registration for shoes was irrelevant to the question of the defendant’s intent in using a similar mark on clothes, even though the registration indicated the defendant’s bad faith in using the mark on shoes
• analyzing similarity' in price, style, and typical retail outlets in order to determine the competitive proximity between two women’s shoes manufacturers
• finding no gap between two manufacturers of women’s shoes because of similarities in price, style, and typical retail outlets
• finding no likelihood of confusion as to the defendant’s use of its marks on sportswear, but a likelihood of confusion as to the use of its marks on shoes
• “The strength of a mark is directly related to likelihood of confusion, for the stronger the mark, the more likely that the consumer will associate it with the familiar purveyor.”
• sales success indicates good quality of the product

Source: CourtListener parenthetical corpus (CC0).