CIRCUIT CITY STORES, INC. v. CARMAX, INC.

No. 97-4104.

165 F.3d 1047 (1999)

CIRCUIT CITY STORES, INC., et al., Plaintiffs-Appellees, v. CARMAX, INC.; Philip Artz; Harold Artz, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided January 22, 1999.


Attorney(s) appearing for the Case

Richard M. Knoth (argued and briefed), Jayne L. Jakubaitis (briefed), Arter & Hadden, Cleveland, OH, Nancyellen Keane (briefed), Glen Allen, VA, for Plaintiff-Appellee.

Bruce O. Baumgartner (argued and briefed), Baker & Hostetler, Raymond Rundelli (briefed), Benesch, Friedlander, Coplan & Aronoff, Cleveland, OH, for Defendants-Appellants.

Before: MERRITT, JONES, and SILER, Circuit Judges.


MERRITT, J., delivered the opinion of the court, in which SILER, J., joined. JONES, J. (pp. 1056-57), delivered a separate concurring opinion.

OPINION

MERRITT, Circuit Judge.

In this action, the plaintiffs, Circuit City companies, sue the defendants, CarMax, Inc., Philip Artz and Harold Artz, for trademark infringement and unfair competition under the Lanham Act §§ 32, 45(a), 15 U.S.C.A. §§ 1114, 1125(a). Circuit City also sues...

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