JOHN DEERE AND CO. v. PAYLESS CASHWAYS, INC.

No. 81-1659.

681 F.2d 520 (1982)

JOHN DEERE AND COMPANY, Appellant, v. PAYLESS CASHWAYS, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 7, 1982.

As Modified on Denial of Rehearing July 20, 1982.


Attorney(s) appearing for the Case

Theodore R. Scott, McDougall, Hersh & Scott, Chicago, Ill., Daniel M. Dibble, Gary S. Dyer, Lathrop, Koontz, Righter, Clagett, Parker & Norquist, Kansas City, Mo., for John Deere & Co.; John M. Nolan, John Deere & Co., Moline, Ill., of counsel.

Carter H. Kokjer, Richard R. Johnson, Lowe, Kokjer, Kircher, Wharton & Bowman, Kansas City, Mo., for Payless Cashways, Inc.

Before HENLEY, Circuit Judge, GIBSON, Senior Circuit Judge, and McMILLIAN, Circuit Judge.


McMILLIAN, Circuit Judge.

Deere Company (Deere) appeals from a judgment entered in the District Court1 for the Western District of Missouri denying injunctive relief for alleged trademark infringement and unfair trade practices. Following a bench trial, the district court found that Payless Cashways, Inc.'s (Payless) use of the word FURROW as the name and service mark of its retail stores and on newspaper advertising supplements did not...

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