Mushroom Makers, Incorporated v. R. G. Barry Corporation

How courts have described this case

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

• plaintiff’s use of the trademark, “Mushroom”, in connection with the sale of women’s apparel not infringement of defendant’s registered trademark used in defendant’s marketing of women’s shoes
• “MUSHROOMS ... was ‘arbitrary and fanciful’ and therefore conceptually strong when applied to footwear.”
• “[T]he crucial issue in an action for trademark infringement or unfair competition is whether there is any likelihood that an appreciable number of ordinarily prudent purchasers are likely to be misled, or indeed simply confused, as to the source of the goods in question.”
• MUSHROOMS women’s footwear and MUSHROOM women’s sportswear
• likelihood of confusion deemed the “crucial issue”
• women’s sportswear and shoes are proximate

Source: CourtListener parenthetical corpus (CC0).