United States Eighth Circuit

In a trademark infringement dispute, summary judgment dismissing Lanham Act claims of infringement and false advertising is reversed where there were genuine issues of material fact as to whether defendant's, a distributor of aftermarket automobile parts, unauthorized use of plaintiff's service mark was -likely to cause confusion- as to the origin of products or services, 15 U.S.C. section 1125(a)(1)(A), or was false commercial advertising within the meaning of 15 U.S.C. section 1125(a)(1)(B).

Appellate Information

• Decided 10/19/2006
• Published 10/19/2006

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, JOHN R. GIBSON and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Ronald E. McNulty, argued, Rochester Hills, MI (Joseph A. Siciliano, Scott A. Decius, and Lindsay James, Farmington Hills, MI, on the brief), for appellant.


• For Appellees:
  
• Mark M. Grossman, argued, Chicago, IL (Lee F. Grossman, Jeffrey M. Drake, and Andrew V. Francis, on the brief), for appellee.