Legal Opinion
Marathon Manufacturing Company v. Enerlite Products Corporation
Court of Appeals for the Fifth Circuit
Decided August 5, 1985No. 84-2436PublishedCited by 78 opinions
1Per curiam
This trademark case was heard before the district court on cross-motions for summary judgment. The only disputed issue was whether the mark “MARATHON 10” used by Enerlite Products Corporation was likely to be confused with the “MARATHON” trademark used by Marathon Manufacturing Company. The district court found that a likelihood of confusion existed and issued a permanent injunction prohibiting Enerlite from using its mark, “MARATHON 10”. We affirm.
I
The Marathon Manufacturing Company (Marathon) manufactures and sells electric batteries under the trademark “MARATHON”. Through its corporate…
2Cases cited15 opinions
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- Squirtco, Cross-Appellee v. The Seven-Up Company, a Missouri Corporation and Seven-Up U.S.A., Inc., a Missouri Corporation, Cross-AppellantsCourt of Appeals for the Eighth Circuit · 1980
- Exxon Corporation v. Texas Motor Exchange of Houston, Inc.Court of Appeals for the Fifth Circuit · 1980
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3Cited by78 opinions
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- Engineering Dynamics, Inc., Plaintiff-Appellant-Cross-Appellee v. Structural Software, Inc., and S. Rao Guntur, Defendants-Appellees-Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1994
- NBA Properties, Incorporated v. HANWJHCourt of Appeals for the Seventh Circuit · 2022
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