Hokto Kinoko Co. v. Concord Farms, Inc.

How courts have described this case

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

• finding likelihood of consumer confusion despite no evidence of actual consumer confusion
• declining to address the defendant’s failure to mitigate defense on summary judgment because it is “pertinent only to the issue of damages and [is] not [a] defense[] to Plaintiffs claims for trademark infringement and unfair competition”
• “Whether we call the violation infringement, unfair competition or false designation of origin, the test is identical is there a ‘likelihood of confusion?’”’
• “the fact that the mushroom packages carry the same Hokto Marks permits an inference of intent”
• customer support information in Japanese, rather than English, considered a material difference

Source: CourtListener parenthetical corpus (CC0).