Legal Opinion
Homeowners Group, Inc. v. Home Marketing Specialists, Inc.
Court of Appeals for the Sixth Circuit
Decided April 24, 1991No. 90-1665PublishedCited by 253 opinions
1Opinion of the Court
KENNEDY, Circuit Judge.
This is a service mark infringement case involving two companies with service marks containing the initials HMS. Homeowners Group, Inc. (“Homeowners”) brought this suit asserting that use of a mark containing the letters HMS by Home Marketing Specialists, Inc. (“Specialists”) in connection with real estate brokerage services constitutes a false designation of origin in violation of the Lanham Trademark Act, 15 U.S.C. § 1125(a); an unfair trade practice under the Michigan Consumer Protection Act, Mich.Comp.Laws Ann. §§ 445.901 — .922 (West 1989); and unfair competition,…
2Cases cited17 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Amf Incorporated, a Corporation v. Sleekcraft Boats, a Sole Proprietorship, and Bruce E. Nescher, an IndividualCourt of Appeals for the Ninth Circuit · 1979
- Amstar Corporation v. Domino's Pizza, Inc. And Atlanta Pizza, Inc., Pizza Enterprises, Inc. And Pizza Services, Inc., Hanna Creative Enterprises, Inc.Court of Appeals for the Fifth Circuit · 1980
- Frisch's Restaurant, Inc. v. Shoney's Inc.Court of Appeals for the Sixth Circuit · 1985
- Sun Banks of Florida, Inc., a Florida Corporation Etc. v. Sun Federal Savings and Loan Association, a Federal Savings and Loan AssociationCourt of Appeals for the Fifth Circuit · 1981
12 more not listed; retrieve them via the Exa API.
3Cited by253 opinions
- Daddy's Junky Music Stores, Inc. v. Big Daddy's Family Music CenterCourt of Appeals for the Sixth Circuit · 1997
- Abercrombie & Fitch Stores, Inc. v. American Eagle Outfitters, Inc.Court of Appeals for the Sixth Circuit · 2002
- Vita-Mix Corp. v. Basic Holding, Inc.Court of Appeals for the Federal Circuit · 2009
- Wynn Oil Company, Plaintiff-Appellee/cross-Appellant v. American Way Service Corporation, and Thomas A. Warmus, Defendants-Appellants/cross-AppelleesCourt of Appeals for the Sixth Circuit · 1991
- Champions Golf Club, Inc. v. The Champions Golf Club, Inc.Court of Appeals for the Sixth Circuit · 1996
248 more not listed; retrieve them via the Exa API.