Scott Fetzer Co. v. House of Vacuums Inc.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
BENAVIDES, Circuit Judge:
The Scott Fetzer Company owns the Kirby Company, a manufacturer of vacuum cleaners, as well as the KIRBY trademark and service marks. House of Vacuums is an independent vacuum cleaner sales and repair shop located in San Antonio. Scott Fetzer sued House of Vacuums for unfair competition, trademark infringement, and trademark dilution after House of Vacuums used the KIRBY mark in an advertisement. The district court granted summary judgment in favor of House of Vacuums on Scott Fetzer’s unfair competition and trademark claims but refused to award attorneys’ fees to…
2Cases cited26 opinions
- 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
- Exxon Corporation v. Texas Motor Exchange of Houston, Inc.Court of Appeals for the Fifth Circuit · 1980
- Universal City Studios, Inc. v. Nintendo Co., Ltd., Nintendo of America, Inc.Court of Appeals for the Second Circuit · 1984
- Moseley v. v. Secret Catalogue, Inc.Supreme Court of the United States · 2003
- Hormel Foods Corporation v. Jim Henson Productions, Inc.Court of Appeals for the Second Circuit · 1996
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