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AMP INC. v. FOY

No. 74-2215.

540 F.2d 1181 (1976)

AMP INCORPORATED, Appellant, v. Howard J. FOY, Jr., et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 10, 1976.

Attorney(s) appearing for the Case

Floyd A. Gibson, Charlotte, N. C. (James D. Myers, Charlotte, N. C., Charles B. Elderkin, Parrott, Bell, Seltzer, Park & Gibson, Charlotte, N. C., on brief), for appellant.

James L. Roberts, Charlotte, N. C., for appellees.

Before WINTER and WIDENER, Circuit Judges, and MERHIGE, District Judge.

WIDENER, Circuit Judge:

Plaintiff-appellant, AMP Incorporated, sued to enjoin defendant, Howard J. Foy, et al., doing business as Amp Electric Company, from using the term "Amp" as a part of its business name. Plaintiff's causes of action are based both upon Title 15 U.S.C. § 1114, for infringement upon its registered trademark, and also for infringement by defendant of plaintiff's trade name. The district court held that neither alleged cause of action has been...

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