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GTE CORP. v. WILLIAMS

No. 86-2260.

904 F.2d 536 (1990)

GTE CORPORATION, Plaintiff-Appellant, v. David R. WILLIAMS, d/b/a General Telephone, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied July 9, 1990.

Attorney(s) appearing for the Case

Jeffrey A. Schwab of Abelman Frayne Rezac & Schwab, New York City, for plaintiff-appellant.

Robert S. Campbell, Jr. (Thomas P. Melloy with him on the brief), of Watkiss & Campbell, Salt Lake City, Utah, for defendant-appellee.

Before HOLLOWAY, Chief Judge, LOGAN and SEYMOUR, Circuit Judges.

LOGAN, Circuit Judge.

In this action for infringement of a federally registered service mark, the district court found in favor of defendant David R. Williams. On appeal, plaintiff GTE Corporation (GTE) attacks the legal and factual bases of the court's decision.

I Background

Plaintiff was formed in 1935 as "General Telephone Corporation." Its corporate name was changed in 1959 to "General Telephone & Electronics Corporation," and in 1982...

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