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NATIONAL BD. OF Y.M.C.A. v. FLINT Y.M.C.A.

No. 84-1262.

764 F.2d 199 (1985)

NATIONAL BOARD OF YOUNG MEN'S CHRISTIAN ASSOCIATIONS, a/k/a YMCA of the U.S.A., Plaintiff-Appellant, v. The FLINT YOUNG MEN'S CHRISTIAN ASSOCIATION OF FLINT, MICHIGAN, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

April 19, 1985.

Rehearing and Rehearing Denied June 24, 1985.

Attorney(s) appearing for the Case

W. Gerald Warren, Robert W. Powell, Dickinson, Wright, Moon, Van Dusen and Freeman, Detroit, Mich., George P. Hoare, Jr., Thomas M. Gibson (argued), Hedman, Gibson, Costigan, & Hoare, New York City, for plaintiff-appellant.

Marshall G. MacFarlane (argued), Keil, Henneke, Ruhala, McKone and MacFarlane, Flint, Mich., for defendant-appellee.

Before MERRITT and KENNEDY, Circuit Judges and PECK, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied June 24, 1985.

MERRITT, Circuit Judge.

In this tradename infringement action not yet tried, District Judge Newblatt declined to issue, prior to trial, a preliminary injunction ordering the defendant, the Flint Young Men's Christian Association, a local YMCA, to refrain from using YMCA trademarks and tradenames registered by plaintiff, National Board of Young Men's Christian Associations, under the Lanham Act, 15 U.S.C...

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