ARMSTRONG CORK CO. v. WORLD CARPETS, INC.

No. 78-1919.

597 F.2d 496 (1979)

ARMSTRONG CORK COMPANY and Armstrong World Industries, Inc., Plaintiffs-Appellants, Cross-Appellees, v. WORLD CARPETS, INC., et al., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 10, 1979.


Attorney(s) appearing for the Case

Oscar M. Smith, Rome, Ga., David H. T. Kane, Siegrun D. Kane, Kane, Daleimer, Kane, Sullivan & Kurucy, New York City, for plaintiffs-appellants.

Mitchell, Mitchell, Coppedge, Boyett, Wester & Bates, Warren N. Coppedge, Jr., James H. Bisson, III, Dalton, Ga., Beveridge, DeGrandi, Kline & Lunsford, Julius R. Lunsford, Jr., Atlanta, Ga., for defendants-appellees.

Before BROWN, Chief Judge, COLEMAN and TJOFLAT, Circuit Judges.


JOHN R. BROWN, Chief Judge:

In this case, we fly by magic carpet through the exotic and esoteric realm of trademark law and the Lanham Act, 15 U.S.C.A. §§ 1051-1127. Armstrong Cork Company (Armstrong), plaintiff below, appeals from a District Court order enjoining Armstrong from using its proposed new corporate name, Armstrong World Industries, Inc. World Carpets, Inc. (World), defendant below, appeals from the District Court's ruling that Armstrong had...

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