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BURNSCRAFT MANUFACTURING CORPORATION v. NATIONAL CONSTRUCTION RENTALS, INC.

Civil Action No. H-13-2769.

BURNSCRAFT MANUFACTURING CORPORATION, d/b/a National Rent-A-Fence Company, Plaintiff, v. NATIONAL CONSTRUCTION RENTALS, INC., et al., Defendants.

United States District Court, S.D. Texas, Houston Division.

April 9, 2014.

Attorney(s) appearing for the Case

Burnscraft Manufacturing Corporation d/b/a National Rent-A-Fence Company, Plaintiff, represented by John Karl Buche , Buche Assoc PC.

National Construction Rentals, Inc., Defendant, represented by Jerry R Selinger , Patterson & Sheridan LLP & Susan E Powley , Patterson & Sheridan LLP.

National Construction Rentals, Inc., Counter Claimant, represented by Jerry R Selinger , Patterson & Sheridan LLP & Susan E Powley , Patterson & Sheridan LLP.

Burnscraft Manufacturing Corporation d/b/a National Rent-A-Fence Company, Counter Defendant, represented by John Karl Buche , Buche Assoc PC.

National Construction Rentals, Inc., Counter Claimant, represented by Jerry R Selinger , Patterson & Sheridan LLP & Susan E Powley , Patterson & Sheridan LLP.

Burnscraft Manufacturing Corporation d/b/a National Rent-A-Fence Company, Counter Defendant, represented by John Karl Buche , Buche Assoc PC.

MEMORANDUM AND ORDER

LEE H. ROSENTHAL, District Judge.

This is a trademark dispute. The plaintiff, Burnscraft Manufacturing Corp. d/b/a National Rent-a-Fence Co. ("National"), filed an amended complaint against National Construction Rentals, Inc. ("NCR"), seeking cancellation of two of NCR's federal trademark registrations, one for a word mark for "NATIONAL RENT-A-FENCE" and one for a related design mark. Cancellation under 15 U.S.C. § 1119 requires...

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