Bingham v. Inter-Track Partners

Plaintiffs James and Linda Bingham are the sole shareholders of plaintiff Winner’s Circle Speed and Custom, Inc. Plaintiffs appeal from a judgment in favor of defendant, Inter-Track Partners, in an action to prevent defendant from using the trade name “Winner’s Circle.”

Plaintiffs contend that the trial court erred when it: (1) found plaintiffs’ mark was invalid; (2) found that no likelihood of confusion existed between the parties’ marks; and (3) refused to award attorney fees for willful infringement of plaintiffs’ mark.

We find that the plaintiffs have established: (1) a protectable trade…