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MARATHON MFG. CO. v. ENERLITE PRODUCTS CORP.

No. 84-2436.

767 F.2d 214 (1985)

MARATHON MANUFACTURING COMPANY, Plaintiff-Appellee, v. ENERLITE PRODUCTS CORPORATION, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 5, 1985.

Attorney(s) appearing for the Case

Reising, Ethington, Barnard, Perry & Milton, Owen E. Perry, Troy, Mich., for defendant-appellant.

Vinson & Elkins, W. Ronald Robins, Houston, Tex., for plaintiff-appellee.

Before CLARK, Chief Judge, and RANDALL, and JOLLY, Circuit Judges.

PER CURIAM:

This trademark case was heard before the district court on cross-motions for summary judgment. The only disputed issue was whether the mark "MARATHON 10" used by Enerlite Products Corporation was likely to be confused with the "MARATHON" trademark used by Marathon Manufacturing Company. The district court found that a likelihood of confusion existed and issued a permanent injunction prohibiting Enerlite from using its mark, "MARATHON 10". We affirm.

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