Legal Opinion

Allard Enterprises, Inc. v. Advanced Programming Resources, Inc. Barry Heagren

Court of Appeals for the Sixth Circuit

Decided May 8, 2001No. 99-4402PublishedCited by 60 opinions

1Opinion of the Court

OPINION

KENNEDY, Circuit Judge.

Plaintiff-appellant Allard Enterprises, Inc. originally brought suit against defendant-appellee APR alleging, inter aha, federal trademark infringement. Defendant Advanced Programming Resources, Inc. filed related counterclaims. Both parties sought exclusive rights to use the “APR” mark. The district court found that defendants used the mark first and issued a nationwide injunction enjoining plaintiffs use of the mark. On appeal, the Sixth Circuit affirmed the district court’s priority determination as to first use but remanded to the district court to make…

2Cases cited9 opinions

  1. United States v. James F. MooredCourt of Appeals for the Sixth Circuit · 1994
  2. United States v. James E. CampbellCourt of Appeals for the Sixth Circuit · 1999
  3. United States v. Yu KikumuraCourt of Appeals for the Third Circuit · 1991
  4. Sweetarts, a Corporation v. Sunline, Inc., and Menlo F. SmithCourt of Appeals for the Eighth Circuit · 1967
  5. Allard Enterprises, Inc., D/ B/a/ Allard Programming Resources v. Advanced Programming Resources, Inc., and Barry HeagrenCourt of Appeals for the Sixth Circuit · 1998

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3Cited by60 opinions

  1. Tana v. Dantanna'sCourt of Appeals for the Eleventh Circuit · 2010
  2. Earthquake Sound Corporation v. Bumper Industries, Earthquake Sound Corporation v. Bumper IndustriesCourt of Appeals for the Ninth Circuit · 2003
  3. Wysong Corp. v. M.I. IndustriesDistrict Court, E.D. Michigan · 2005
  4. Humanoids Group v. James E. Rogan, Director of the United States Patent and Trademark OfficeCourt of Appeals for the Fourth Circuit · 2004
  5. Dorpan, S.L. v. Hotel Melia, Inc.Court of Appeals for the First Circuit · 2013

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