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  5. 948 F.Supp. 643 (1996)
 

ADVANCE STORES CO. v. REFINISHING SPECIALITIES

Civil Action No. C-95-93-L(H).

948 F.Supp. 643 (1996)

ADVANCE STORES COMPANY, INCORPORATED, d/b/a Advance Auto Parts and Laralev, Inc., Plaintiffs and Counter-Defendants, v. REFINISHING SPECIALITIES, INC. d/b/a NAPA and Advance Auto Parts, Defendant.

United States District Court, W.D. Kentucky, Louisville.

November 25, 1996.

Attorney(s) appearing for the Case

K. Gregory Haynes, Deborah H. Patterson, Wyatt, Tarrant & Combs, Louisville, KY, Robert DeVos, B. Parker Livingston, Jr., Bassam N. Ibrahim, Burns, Doane, Swecker & Mathis, L.L.P., Alexandria, VA, for plaintiffs.

Jack A. Wheat, Joel T. Beres, Wheat, Camoriano, Smith & Beres, Louisville, KY, for defendant.

MEMORANDUM OPINION

HEYBURN, District Judge.

This Court has before it Plaintiffs' Motion for Summary Judgment and Defendant's Motion for Partial Summary Judgment on the issues of Likelihood of Confusion and Territoriality. This case arises out of the parties' dispute about ownership rights to the name, "Advance Auto Parts." Defendant had the prior use in Kentucky. Plaintiffs neither filed a federal trademark registration nor used the mark in Kentucky until...

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