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VETTE SHOP, INC. v. ROY

No. 75-2059.

542 F.2d 20 (1976)

The VETTE SHOP, INC., a Michigan Corporation, Plaintiff-Appellant, v. Kenneth J. ROY, d/b/a Ken's Vette Shop, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 13, 1976.

Attorney(s) appearing for the Case

Ronald I. Schwartz, Linden, Schwartz & Gordon, P.C., Southfield, Mich., for plaintiff-appellant.

George E. Thick, Thick, Bush, Webber & Frank, George C. Bush, Saginaw, Mich., for defendant-appellee.

Before PHILLIPS, Chief Judge, and WEICK and ENGEL, Circuit Judges.

PER CURIAM.

This case involves a registered trademark and servicemark, "Vette Shop." The action was brought under the Lanham Act to obtain an injunction to protect the trademark and servicemark. District Judge James Harvey denied the application for injunction, ordered the cancellation of the registrations and entered judgment for the defendant. Plaintiff appeals. We affirm.

The appellant began business in 1957 as a Corvette repair shop in Southfield, Michigan...

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