DENVER (CN) - A Kansas hair salon is liable for trademark infringement, even though the salon it copied is in New York City, the 10th Circuit ruled.
After visiting John Allan's in New York, Craig Allen Tatro opened a similar men's salon, called Craig Allen's, in Wichita, Kan.
Craig Allen's used a logo similar to the New York salon, with a circle around the initials CA.
Like John Allan's, Craig Allen's provided its customers with black smoking jackets, leather chairs, a bar and a pool table. John Allan's trademarked slogan, "A Return to a Simpler Time," appeared on Craig Allen's windows.
Judge Murphy ruled that the district court erred "by failing to consider evidence that consumers were confused by the two names of the salons."
Murphy also noted that the district court gave too much leeway for Tatro to use his middle name, considering the other similarities between the two businesses.
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