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SCOTT FETZER CO. v. HOUSE OF VACUUMS INC.

No. 03-51118.

381 F.3d 477 (2004)

The SCOTT FETZER CO., a Delaware Corporation, Plaintiff-Counter Defendant-Appellant-Cross-Appellee, v. HOUSE OF VACUUMS INC., a Texas Corporation, Defendant-Counter Claimant-Appellee-Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

August 12, 2004.

Attorney(s) appearing for the Case

Robert W. Turner, Jones Day, Dallas, TX, Arthur P. Licygiewicz, Robert P. Ducatman (argued), Jones Day, Cleveland, OH, for Scott Fetzer Co.

Eric W. Cernyar (argued), San Antonio, TX, Ted D. Lee, Gunn, Lee & Keeling, San Antonio, TX, for House of Vacuums Inc.

Before SMITH, BENAVIDES and PICKERING, Circuit Judges.

BENAVIDES, Circuit Judge:

The Scott Fetzer Company owns the Kirby Company, a manufacturer of vacuum cleaners, as well as the KIRBY trademark and service marks. House of Vacuums is an independent vacuum cleaner sales and repair shop located in San Antonio. Scott Fetzer sued House of Vacuums for unfair competition, trademark infringement, and trademark dilution after House of Vacuums used the KIRBY mark in an advertisement. The district court granted summary judgment...

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