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EDUCATIONAL TRAINING SYS. v. MONROE GUAR.

No. 2002-CA-001798-MR.

129 S.W.3d 850 (2004)

EDUCATIONAL TRAINING SYSTEMS, INC. d/b/a A-Pass Weikel Institute, d/b/a Weikel Business Schools, d/b/a Weikel Real Estate Sales Schools, Appellants, v. MONROE GUARANTY INSURANCE COMPANY, Weikel Academy of Realty, Inc., d/b/a World Academy of Realty, Inc., and Earl W. Weikel, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied April 15, 2004.

Attorney(s) appearing for the Case

Dennis McKiernan, Louisville, KY, for appellants.

Richard P. Schiller, Ben T. White, II, Louisville, KY, for appellees.

Before BARBER, McANULTY, and TACKETT, Judges.

OPINION

TACKETT, Judge.

Educational Training Systems, Inc., ("ETS") appeals from the decision of the Jefferson Circuit Court granting summary judgment to Monroe Guaranty Insurance Company ("Monroe") on the issue of whether Monroe had a duty to defend Weikel Academy of Realty, Inc. ("Weikel Academy") and Earl Weikel in an action by ETS for infringement of its service mark, "A-Pass Weikel Institute". The circuit court concluded that Weikel Academy acted...

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