[Download] "Wynn Oil Co. V. Thomas" by United States Court Of Appeals For The Sixth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Wynn Oil Co. V. Thomas
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 24, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Appellants Wynn Oil Company ("Wynn") and Classic Car Wash, Inc. ("CCWI") brought this action against appellee Michael Thomas alleging federal trade mark infringement under 15 U.S.C. § 1114; federal unfair competition under 15 U.S.C. § 1125(a); and trademark dilution and injury to business reputation under the Tennessee Code, § 47-25-512. After a bench trial, the court entered judgment for Thomas on the infringement, unfair competition and trademark dilution allegations. Both Wynn and CCWI now appeal the District Court's judgment, 669 F. Supp. 831 (1986), claiming that the trial court erred (1) by failing to consider a prior opinion of the United States Trademark Office Examiner that a likelihood of confusion exists between appellants' and Thomas' use of the marks CLASSIC and CLASSIC CAR WASH on their goods and services; (2) by finding no likelihood of confusion between these marks; and (3) by determining that Thomas' use of the marks does not dilute appellants' rights in the marks. Because we agree with appellants that there is a likelihood of confusion between the products and services sold by the parties, we REVERSE the decision of the court below, and REMAND to the District Court with directions to grant appropriate injunctive relief.