DADDY'S JUNKY MUSIC v. BIG DADDY'S FAMILY MUSIC

No. 96-3255.

109 F.3d 275 (1997)

DADDY'S JUNKY MUSIC STORES, INC., Plaintiff-Appellant, v. BIG DADDY'S FAMILY MUSIC CENTER, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 14, 1997.


Attorney(s) appearing for the Case

Gail L. Morrissey, argued and briefed, Standley & Gilcrest, Dublin, OH, Eleanor M. Musick, Kathleen A. Pasulka, Brown, Martin, Haller & McClain, San Diego, CA, for Plaintiff-Appellant.

David A. Yost (argued and briefed), Delaware, OH, for Defendant-Appellee.

Before: KENNEDY, NELSON, and GODBOLD, Circuit Judges.


KENNEDY, Circuit Judge.

Plaintiff appeals the order of the District Court granting summary judgment in favor of defendant and dismissing its federal claims of trademark infringement and false designation and state law claims of trademark infringement and deceptive trade practices. The District Court based its decision on a finding as a matter of law that there is little likelihood that consumers will become confused between the origin of the goods protected by plaintiffs...

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