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EXXON CORP. v. TEXAS MOTOR EXCHANGE OF HOUSTON, INC.

No. 79-1009.

628 F.2d 500 (1980)

EXXON CORPORATION, Plaintiff-Appellant, v. TEXAS MOTOR EXCHANGE OF HOUSTON, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 22, 1980.

Attorney(s) appearing for the Case

Edward W. Goldstein, Houston, Tex., Theodore R. Scott, Chicago, Ill., F. X. Clair, J. Spencer Daly, New York City, for plaintiff-appellant.

Robert A. Heath, Houston, Tex., for defendants-appellees.

Before BROWN, HENDERSON and SAM D. JOHNSON, Circuit Judges.

SAM D. JOHNSON, Circuit Judge:

This is an appeal in the second trademark infringement action brought by Exxon Corporation against Texas Motor Exchange of Houston. The central issue in this appeal is whether there is a likelihood of confusion between the trademark EXXON and the words Texon or Tex-On. The district court found that there was no likelihood of confusion and refused to enjoin defendant from using either Texon or Tex On. We affirm in part and reverse in...

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