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MONEY STORE, INC. v. HARRISCORP FINANCE, INC.

No. 88-3015.

885 F.2d 369 (1989)

The MONEY STORE, INC., Plaintiff-Appellant, v. HARRISCORP FINANCE, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 19, 1989.

Attorney(s) appearing for the Case

Richard W. Young, Donald W. Rupert, Kirkland & Ellis, Washington, D.C., Daniel Vittum, Jr., Kirkland & Ellis, Chicago, Ill., William L. Mentlik, Lerner, David, Littenberg, Krumholz & Mentlik, Westfield, N.J., for plaintiff-appellant.

Richard H. Compere, Dean A. Olds, William, Brinks, Olds, Hofer, Gilson & Lione, Chicago, Ill., for defendant-appellee.

Before POSNER, FLAUM, and RIPPLE, Circuit Judges.

RIPPLE, Circuit Judge.

In 1983, the district court entered an order enjoining The Money Store, Inc. (TMS) from using its federally registered service mark "THE MONEY STORE" in the Chicago metropolitan area because Harriscorp Finance, Inc. (Harris) was a good faith junior user of the mark. In 1988, TMS filed a motion to modify the terms of the injunction so that it could employ the service mark in the Chicago area. The district court denied the motion. We now affirm...

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