The Sports Authority, Inc. v. Prime Hospitality 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 evidence of misdirected phone calls, espe- daily the evidence that customers have believed there to be a connection between the defendant and plaintiff companies, raised triable issue of fact concerning actual confusion
• noting that third-party use of the disputed terms “may be relevant to the strength of [the] mark ....”
• holding that the “relative quality” factor “is primarily concerned with whether the senior user’s reputation could be jeopardized by virtue of the fact that the junior user’s product is of inferior quality.” (quotations and citation omitted)
• finding that consumers are not likely to be sophisticated where goods and services sold by the parties involve inexpensive food and sporting goods
• holding that the “bridging the gap” factor “looks to either the likelihood that [the senior user] will enter [the junior user’s] business or the average customer’s perception of the likelihood that the [senior user] would enter the [junior user’s] market.”
• noting that although survey evidence is not strictly required, “the absence of surveys is evidence that actual confusion cannot be shown”

Source: CourtListener parenthetical corpus (CC0).