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ADVANCE STORES CO. v. REFINISHING SPECIALTIES

No. 98-5153.

188 F.3d 408 (1999)

ADVANCE STORES COMPANY INCORPORATED, doing business as Advance Auto Parts; Laralev, Inc., Plaintiffs-Appellees, v. REFINISHING SPECIALTIES, INC., doing business as Advance Auto Parts and Napa Auto Parts, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 16, 1999.

Attorney(s) appearing for the Case

Robert DeVos (argued and briefed), Fred W. Hathaway (briefed), Bruce T. Wieder (briefed), Burns, Doane, Swecker & Mathis, Alexandria, VA, for Plaintiffs-Appellees.

Joel T. Beres (briefed), Jack Allen Wheat (argued and briefed), Wheat, Camoriano, Smith & Beres, Louisville, KY, for Defendant-Appellant.

Before: SILER, BATCHELDER, and COLE, Circuit Judges.

OPINION

BATCHELDER, Circuit Judge.

This case presents an entirely unremarkable dispute between two auto parts retail companies for the right to use the trade name "Advance Auto Parts." The case does, however, raise the issue of whether the Lanham Act directs us to review state law or federal law in order to determine the extent of a senior unregistered user's rights in a registered trademark or trade name, an issue not heretofore addressed in a published...

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