Legal Opinion

Big O Tire Dealers, Inc., a Colorado Corporation v. The Goodyear Tire & Rubber Company, an Ohio Corporation

Court of Appeals for the Tenth Circuit

Decided October 11, 1977No. 76-1199PublishedCited by 169 opinions

1Opinion of the Court

LEWIS, Chief Judge.

This civil action was brought by Big 0 Tire Dealers, Inc. (“Big 0”) asserting claims of unfair competition against The Goodyear Tire & Rubber Co. (“Goodyear”) based upon false designation of origin under 15 U.S.C. § 1125(a) and common law trademark infringement. After a ten-day trial and three days of deliberation, the jury returned the following verdict:

We the jury in the above entitled cause, upon our oath do say that we find the following as our verdict herein:

Upon the claim of liability for trademark infringement we find for Big 0 Inc.

Upon the claim of liability for…

2Cases cited23 opinions

  1. Story Parchment Co. v. Paterson Parchment Paper Co.Supreme Court of the United States · 1931
  2. Bigelow v. RKO Radio Pictures, Inc.Supreme Court of the United States · 1946
  3. Armstrong Paint & Varnish Works v. Nu-Enamel Corp.Supreme Court of the United States · 1938
  4. Blisscraft of Hollywood v. United Plastics Company, Marmax Products Corp., and Morris Shapiro, Doing Business as Great Eastern Housewares CompanyCourt of Appeals for the Second Circuit · 1961
  5. Independent Nail & Packing Co., Inc. v. Stronghold Screw Products, IncCourt of Appeals for the Seventh Circuit · 1953

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3Cited by169 opinions

  1. A&h Sportswear, Inc Mainstream Swimsuits, Inc. v. Victoria's Secret Stores, Inc. Victoria's Secret Catalogue, IncCourt of Appeals for the Third Circuit · 2000
  2. Universal Money Centers, Inc. v. American Telephone & Telegraph Co., and Universal BankCourt of Appeals for the Tenth Circuit · 1994
  3. Pignons S. A. De Mecanique De Precision v. Polaroid CorporationCourt of Appeals for the First Circuit · 1981
  4. Sands, Taylor & Wood Company v. The Quaker Oats CompanyCourt of Appeals for the Seventh Circuit · 1992
  5. Fisons Horticulture, Inc., in No. 93-7224 v. Vigoro Industries, Inc., in No. 93-7287Court of Appeals for the Third Circuit · 1994

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