Oreck Corporation, Cross-Appellant v. U.S. Floor Systems, Inc., Cross-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 there was no evidence of actual confusion where plaintiff did not put forth evidence of “misplaced phone calls, misdirected mail, or other indicia of actual confusion”
• concluding second digit weighed against confusion in part because junior user clearly identified itself on advertisement
• concluding second digit weighed against confusion in part because junior user clearly identified itself on advertisement
• concluding second digit weighed against confusion in part because junior user clearly identified itself on advertisement
• reasoning that because the customers were “buying for professional and institutional purposes at a cost in the thousands of dollars, they are virtually certain to be informed, deliberative buyers” and, thus, not likely to be confused
• considering the presentation of the marks in advertising in determining the similarity of the marks and the defendant's intent

Source: CourtListener parenthetical corpus (CC0).