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HOMEOWNERS GROUP v. HOME MARKETING SPECIALISTS

No. 90-1665.

931 F.2d 1100 (1991)

HOMEOWNERS GROUP, INC., Plaintiff-Appellee, v. HOME MARKETING SPECIALISTS, INC., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 24, 1991.

Attorney(s) appearing for the Case

Richard E. Rassel, Susan Carino Nystrom, Mark R. Lezotte, Butzel, Long, Gust, Klein & Van Zile, Detroit, Mich., Mark S. Bicks, Alfred N. Goodman (argued), Washington, D.C., for plaintiff-appellee.

Scott D. Moore, Bushnell, Gage, Doctoroff & Reizen, Southfield, Mich., Paul R. Gupta (argued), Boston, Mass., for defendant-appellant.

Before MERRITT, Chief Judge, KENNEDY and JONES, Circuit Judges.

KENNEDY, Circuit Judge.

This is a service mark infringement case involving two companies with service marks containing the initials HMS. Homeowners Group, Inc. ("Homeowners") brought this suit asserting that use of a mark containing the letters HMS by Home Marketing Specialists, Inc. ("Specialists") in connection with real estate brokerage services constitutes a false designation of origin in violation of the Lanham Trademark...

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