Legal Opinion

Exxon Corporation v. Texas Motor Exchange of Houston, Inc.

Court of Appeals for the Fifth Circuit

Decided October 22, 1980No. 79-1009PublishedCited by 241 opinions

1Opinion of the Court

SAM D. JOHNSON, Circuit Judge:

This is an appeal in the second trademark infringement action brought by Exxon Corporation against Texas Motor Exchange of Houston. The central issue in this appeal is whether there is a likelihood of confusion between the trademark EXXON and the words Texon or Tex-On. The district court found that there was no likelihood of confusion and refused to enjoin defendant from using either Texon or Tex-On. We affirm in part and reverse in part.

*502I. Facts

In late 1972 and early 1973 the owner of Texas Motor Exchange of Houston began searching for a new name for his…

2Cases cited9 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. United States v. Swift & Co.Supreme Court of the United States · 1932
  3. Amstar Corporation v. Domino's Pizza, Inc. And Atlanta Pizza, Inc., Pizza Enterprises, Inc. And Pizza Services, Inc., Hanna Creative Enterprises, Inc.Court of Appeals for the Fifth Circuit · 1980
  4. United States v. United Shoe MacHinery Corp.Supreme Court of the United States · 1968
  5. Aaron Henry v. First National Bank of Clarksdale v. Mississippi Action for Progress, Inc.Court of Appeals for the First Circuit · 1979

4 more not listed; retrieve them via the Exa API.

3Cited by241 opinions

  1. John H. Harland Company, Cross-Appellant v. Clarke Checks, Inc., Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1983
  2. Universal Money Centers, Inc. v. American Telephone & Telegraph Co., and Universal BankCourt of Appeals for the Tenth Circuit · 1994
  3. Ambrit, Inc. v. Kraft, Inc.Court of Appeals for the Eleventh Circuit · 1986
  4. Harolds Stores, Inc. v. Dillard Department Stores, Inc.Court of Appeals for the Tenth Circuit · 1996
  5. Scandia Down Corporation, a California Corporation, and Goose Down, Inc., an Illinois Corporation v. Euroquilt, Inc., a New Jersey CorporationCourt of Appeals for the Seventh Circuit · 1985

236 more not listed; retrieve them via the Exa API.

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