United States Sixth Circuit

In a trademark infringement action alleging improper use of a trailer hitch designer's name, dismissal of the complaint is affirmed where: 1) the complaint did not allege facts sufficient to show that defendant's use of the name created a likelihood of confusion as to the source of its products; and 2) the fair use defense applied because the use of the name was descriptive.

Appellate Information

• Argued 06/19/2009
• Decided 09/03/2009
• Published 09/03/2009

Judges

• Before: McKEAGUE and WHITE, Circuit Judges; MARBLEY, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Craig A. Redinger, Young Basile, Ann Arbor, Michigan, for Appellant. Josh J. Moss, Barris, Sott, Denn & Driker, PLLC, Detroit, Michigan, John F. Early, Jr., Law Office, Fenton, Michigan, for Appellees. ON BRIEF:Marshall G. MacFarlane, Young Basile, Ann Arbor, Michigan, for Appellant. Josh J. Moss, Barris, Sott, Denn & Driker, PLLC, Detroit, Michigan, John F. Early, Jr., Law Office, Fenton, Michigan, for Appellees.