HEARTSPRINGS, INC. v. HEARTSPRING, INC.

No. 97-3011.

143 F.3d 550 (1998)

HEARTSPRINGS, INC., Plaintiff-Appellant, v. HEARTSPRING, INC., a.k.a. Institute of Logopedics, Inc., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 20, 1998.


Attorney(s) appearing for the Case

Devon A. Rolf (Joseph B. Bowman with him on the briefs), Kokjer, Kircher, Bowman & Johnson, P.C., Kansas City, MO, for Plaintiff-Appellant.

William Bruce Day (David B. Pointer and Judith L. Kloster, with him on the briefs), Stinson, Mag & Fizzell, P.C., Kansas City, MO, for Defendant—Appellee.

Before PORFILIO, Circuit Judge, EBEL, Circuit Judge, and BRETT, District Judge.


PORFILIO, Circuit Judge.

Plaintiff Heartsprings produces and sells books, pamphlets and educational materials designed primarily to teach children to resolve conflicts nonviolently. Defendant Heartspring runs a school in which physically disabled children are taught basic life skills such as dressing, bathing, and eating. Plaintiff claims defendant's use of the name "Heartspring" is likely to cause consumers to confuse defendant Heartspring's services with plaintiff...

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