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WSM, INCORPORATED v. BAILEY

Civ. No. 5228.

297 F.Supp. 870 (1969)

WSM, INCORPORATED, Plaintiff, v. Donald BAILEY and Jay Rainwater, individually and d/b/a Opry Records, Defendants.

United States District Court M. D. Tennessee, Nashville Division.

March 21, 1969.

Attorney(s) appearing for the Case

James R. Tuck, Nashville, Tenn., for plaintiff.

Wendal D. Jackson, Slaughter & Jackson, Bristol, Tenn., for defendants.

MEMORANDUM

WILLIAM E. MILLER, Chief Judge.

This is an action for alleged trademark infringement and unfair competition, in which the plaintiff, the holder of a registered service mark, "Grand Ole Opry," seeks to enjoin the defendant Rainwater from using the word "Opry" as an identifying label on phonograph records produced and promoted by defendant. Plaintiff's cause of action is derived from 15 U.S.C.A. §§ 1114, 1121 and 1125(a). Jurisdiction...

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