Legal Opinion
Agler v. Westheimer Corp.
District Court, N.D. Indiana
Decided October 28, 2015No. Case No. 1:14-CV-099 JDPublished
1Opinion of the Court
OPINION AND ORDER
JON E. DEGUILIO, District Judge.
This is a trademark infringement action over two marks associated with Stratotone guitars, which were originally sold by the Harmony Guitar Company beginning in 1953. That company ceased its sale of those guitars and its use of the marks in the 1960s, and neither of the parties in this case attempt to trace their claim to the marks back to that original use. Rather, they each claim that they appropriated the marks for themselves through their own more recent sales of Stratotone guitars that they produced on their own — Westh-eimer Corporation,…
2Cases cited15 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
- Jackson v. KotterCourt of Appeals for the Seventh Circuit · 2008
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