‘EdWel’ Unsuccessful in Appeal Against ‘Edwell’ Over Trademarks

Management training company M Welles and Associates Inc., which goes by the name EdWel, failed to revive a trademark infringement lawsuit against a mental health service organization for teachers called Edwell Inc.

A divided three-judge panel for the US Court of Appeals for the Tenth Circuit clashed in a Wednesday decision over how courts should examine the customer overlap of companies engaged in trademark disputes.

The majority ruled that a lower court correctly determined that consumers wouldn’t confuse Welles’ EdWel trademark with Edwell because the companies operate in different markets.

Circuit Judge Timothy Tymkovich dissented, arguing that the companies “share ...