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CIRCUIT CITY STORES, INC. v. OFFICEMAX, INC.

Civil Action No. 3:96cv401.

949 F.Supp. 409 (1996)

CIRCUIT CITY STORES, INC., Circuit City Stores West Coast, Inc. and Acme Commercial Corporation d/b/a Carmax the Auto Superstore, Plaintiffs, v. OFFICEMAX, INC., Defendant.

United States District Court, E.D. Virginia, Richmond Division.

December 20, 1996.

Attorney(s) appearing for the Case

Gilbert E. Schill, Brian C. Riopelle, McGuire, Woods, Battle & Boothe, Richmond, VA, for Plaintiffs.

Henry N. Ware, Jr., Cook, Ware & Tuck, Glen Allen, VA, R. Terrance Rader, Rader, Fishman & Grauer, P.L.L.C., Bloomfield Hills, MI, for Defendant.

MEMORANDUM OPINION

PAYNE, District Judge.

The plaintiffs (collectively "CarMax") instituted this action against OfficeMax, Inc. ("OfficeMax") by filing a Complaint pursuant to 28 U.S.C. § 2201, seeking a declaratory judgment that the use and/or registration of the CarMax trademarks is not a violation of any rights OfficeMax has pursuant to 15 U.S.C. §§ 1114, 1125(a). CarMax also asserts rights under the common law of unfair competition or...

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