HEARTSPRINGS, INC. v. HEARTSPRING, INC.

No. 96-2285-JWL.

949 F.Supp. 1539 (1996)

HEARTSPRINGS, INC., Plaintiff, v. HEARTSPRING, INC., a/k/a Institute of Logopedics, Inc., Defendant.

United States District Court, D. Kansas.

December 16, 1996.


Attorney(s) appearing for the Case

Joseph B. Bowman, Devon A. Rolf, Kokjer, Kircher, Bowman & Johnson, Kansas City, MO, for plaintiff Heartsprings, Inc.

Roger D. Stanton, William Bruce Day, Joseph A. Mahoney, Jr., Stinson, Mag & Fizzell, P.C., Kansas City, MO, for defendant Heartspring, Inc.


MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

This trademark infringement suit involves plaintiff's claims against defendant for false designation of origin under the Lanham Act and common-law unfair competition. The matter is presently before the court on the parties' cross-motions for summary judgment. Because no reasonable fact-finder could conclude that defendant's use of its name and trademark creates a likelihood of confusion with plaintiff...

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