Mazdak Auto Towing & Service, Inc. v. Midcontinental Group, Inc.

Judge Harold R. Banke.

MidContinental Group, Inc. (“MG”) sued Mazdak Auto Towing & Service, Inc. (“Mazdak”) for trademark infringement, seeking $10,000 in damages and an injunction. After the trial court granted MG’s motion for summary judgment, Mazdak asserted this appeal, enumerating three errors.

This case arose after MG discovered that Mazdak was using a symbol to identify its company nearly identical to MG’s registered trademark. Both service marks depicted a crowned figure driving a horse-drawn chariot. After Mazdak ignored MG’s request that it refrain from using the symbol,, MG commenced…