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ALLARD ENTERPRISES v. ADVANCED PROGRAMMING RESOURCES

No. 99-4402.

249 F.3d 564 (2001)

ALLARD ENTERPRISES, INC., Plaintiff-Appellant, v. ADVANCED PROGRAMMING RESOURCES, INC.; Barry Heagren, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed May 8, 2001.

Attorney(s) appearing for the Case

Gail L. Morrissey (argued and briefed), Standley & Gilcrest, Dublin, OH, for Plaintiff-Appellant.

Timothy E. Miller (briefed), Joanne S. Peters (argued and briefed), Isaac, Brant, Ledman & Teetor, Columbus, OH, for Defendants-Appellees.

Before MERRITT, KENNEDY, and BATCHELDER, Circuit Judges.

OPINION

KENNEDY, Circuit Judge.

Plaintiff-appellant Allard Enterprises, Inc. originally brought suit against defendant-appellee APR alleging, inter alia, federal trademark infringement. Defendant Advanced Programming Resources, Inc. filed related counterclaims. Both parties sought exclusive rights to use the "APR" mark. The district court found that defendants used the mark first and issued a nationwide injunction enjoining plaintiff's use of the mark. On...

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