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BIG O TIRE DEALERS, INC. v. GOODYEAR TIRE & RUBBER CO.

No. 76-1199.

561 F.2d 1365 (1977)

BIG O TIRE DEALERS, INC., a Colorado Corporation, Plaintiff-Appellee, v. The GOODYEAR TIRE & RUBBER COMPANY, an Ohio Corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided September 2, 1977.

Rehearing Denied October 11, 1977.

Attorney(s) appearing for the Case

Denis McInerney of Cahill, Gordon & Reindel, New York City (Robert Usadi, Cahill, Gordon & Reindel, New York City, Arthur K. Underwood, Jr., and W. David Pantle of Dawson, Nagel, Sherman & Howard, Denver, Colo., of counsel, and William E. Schuyler, Jr., and Alan S. Cooper of Schuyler, Birch, Swindler, McKie & Beckett, Washington, D. C., also of counsel, on the briefs), for defendant-appellant.

Michael C. Schaefer of Rutenbeck & Schaefer, Denver, Colo. (Duane C. Burton, Robert C. Dorr, of Burton & Dorr, Denver, Colo., of counsel, on the brief), for plaintiff-appellee.

Before LEWIS, Chief Judge, and PICKETT and BARRETT, Circuit Judges.

LEWIS, Chief Judge.

This civil action was brought by Big O Tire Dealers, Inc. ("Big O") 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...

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