Legal Opinion
Advance Stores Co. v. Refinishing Specialities, Inc.
District Court, W.D. Kentucky
Decided November 25, 1996No. Civil Action C-95-93-L(H)PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION
HEYBURN, District Judge.
This Court has before it Plaintiffs’ Motion for Summary Judgment and Defendant’s Motion for Partial Summary Judgment on the issues of Likelihood of Confusion and Territoriality. This case arises out of the parties’ dispute about ownership rights to the name, “Advance Auto Parts.” Defendant had the prior use in Kentucky. Plaintiffs neither filed a federal trademark registration nor used the mark in Kentucky until many years after Defendant did. The pending motions require the Court to. apply the well-known criteria for determining likelihood of…
2Cases cited42 opinions
- Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1976
- Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
- Doe Lang, Petitioner/defendant-Appellant v. Retirement Living Publishing Co., Inc., Respondent/plaintiff-AppelleeCourt of Appeals for the Second Circuit · 1991
- Pizzeria Uno Corporation v. James W. Temple, Jr., D/B/A Taco UnoCourt of Appeals for the Fourth Circuit · 1984
- Homeowners Group, Inc. v. Home Marketing Specialists, Inc.Court of Appeals for the Sixth Circuit · 1991
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3Cited by4 opinions
- Advance Stores Co. v. Refinishing Specialties, Inc.Court of Appeals for the Sixth Circuit · 1999
- Tillamook Country Smoker, Inc. v. Tillamook County Creamery Ass'nDistrict Court, D. Oregon · 2004
- Advance Stores Company Incorporated, Doing Business as Advance Auto Parts Laralev, Inc. v. Refinishing Specialties, Inc., Doing Business as Advance Auto Parts and Napa Auto PartsCourt of Appeals for the Sixth Circuit · 1999
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