Legal Opinion
Advance Stores Co. v. Refinishing Specialties, Inc.
Court of Appeals for the Sixth Circuit
Decided August 16, 1999No. 98-5153PublishedCited by 6 opinions
1Opinion of the Court
OPINION
BATCHELDER, Circuit Judge.
This case presents an entirely unremarkable dispute between two auto parts retail companies for the right to use the trade name “Advance Auto Parts.” The case does, however, raise the issue of whether the Lanham Act directs us to review state law or federal law in order to determine the extent of a senior unregistered user’s rights in a registered trademark or trade name, an issue not heretofore addressed in a published opinion by this Circuit. We publish this opinion solely to address that issue.
Plaintiffs-Appellees are Advance Stores Company, which operates…
2Cases cited7 opinions
- Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
- Wrist-Rocket Manufacturing Co., Inc., Cross-Appellee v. Saunders Archery Company, Cross-AppellantCourt of Appeals for the Eighth Circuit · 1978
- Weiner King, Inc. v. Wiener King Corp.Court of Customs and Patent Appeals · 1980
- Application of Beatrice Foods Co. Application of Fairway Foods, IncCourt of Customs and Patent Appeals · 1970
- Western Oil Refining Co. v. JonesCourt of Appeals for the Sixth Circuit · 1928
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Dorpan, S.L. v. Hotel Melia, Inc.Court of Appeals for the First Circuit · 2013
- Sovereign Military Hospitaller Order of Saint John of Jerusalem of Rhodes and of Malta v. Florida Priory of The Knights Hospitallers of The Sovereign Order of Saint John of Jerusalem, Knights of Malta, The Ecumenical OrderCourt of Appeals for the Eleventh Circuit · 2015
- Santana Products, Inc. v. Bobrick Washroom Equipment, Inc.District Court, M.D. Pennsylvania · 2003
- United States v. Douglas RosebyCourt of Appeals for the Fourth Circuit · 2011
- 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
1 more not listed; retrieve them via the Exa API.