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WSM, INC. v. HILTON

No. 82-2139.

724 F.2d 1320 (1984)

WSM, INCORPORATED, Appellant, v. Dennis E. HILTON and Country Shindig Opry, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided January 12, 1984.

Attorney(s) appearing for the Case

James W. Gallaher, Bushmann, Neff, Gallaher & Brown, Jefferson City, Mo., Lionel L. Lucchesi, Polster, Polster & Lucchesi, St. Louis, Mo., for appellees.

L. Lawton Rogers, III, Arlington, Va., Francis M. Wentworth, Jr., Nashville, Tenn., for appellant.

Before JOHN R. GIBSON, and FAGG, Circuit Judges, and WOODS, District Judge.

JOHN R. GIBSON, Circuit Judge.

"Opry," what it means and whether the word, as a registered trademark of WSM, Incorporated, was infringed by Dennis Hilton and his Country Shindig Opry are the primary issues in this case. WSM is also the holder of trademarks for Grand Ole Opry and several marks using Opryland. The district court1 found that "opry" was generic, that there was no confusion between the Country Shindig Opry and the various marks...

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