Triumph Hosiery Mills, Inc. v. Triumph International Corporation and Triumph of Europe, Inc.

How courts have described this case

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

• innocent junior user is one whose use is not attributable to intent to obtain free ride on reputation of trademark owner
• court found that “Triumph” was a weak mark as “it ha[d] been used many times to identify many types of products and services”
• TRIUMPH women’s stockings not protected against DISTINCTION BY TRIUMPH OF EUROPE women’s foundation garments
• “Triumph” women’s stockings not protected against “Distinction by Triumph of Europe” women’s foundation garments
• “The mark ‘Triumph’ is a so-called weak mark, i.e. it has been used many times to identify many types of products and services.”
• “Surely, error of an alleged infringer ... in forecasting the decision of the ultimate arbiter is not a species of bad faith which constitutes independent and substantive proof of infringement”

Source: CourtListener parenthetical corpus (CC0).