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VALUE HOUSE v. PHILLIPS MERCANTILE COMPANY

No. 74-1275.

523 F.2d 424 (1975)

The VALUE HOUSE, a corporation, Plaintiff-Appellant, v. PHILLIPS MERCANTILE COMPANY, d/b/a Value House, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided September 19, 1975.

Attorney(s) appearing for the Case

Michael L. Danoff, Albuquerque, N. M. (Ahern, Montgomery & Danoff, Albuquerque, N. M., on the brief), for plaintiff-appellant.

Norman S. Thayer, Albuquerque, N. M. (Sutin, Thayer & Browne, Albuquerque, N. M., on the brief), for defendant-appellee.

Before SETH, HOLLOWAY and DOYLE, Circuit Judge.

HOLLOWAY, Circuit Judge.

This is an action for service mark infringement under the Lanham Trade Mark Act,1 and for common law trade name infringement and unfair competition.2 Plaintiff, The Value House, appeals from a judgment holding, inter alia, that defendant, Phillips Mercantile Company d/b/a Value House, is not guilty of any trade name infringement or unfair...

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