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TEAM TIRES PLUS, LTD. v. TIRES PLUS, INC.

No. 03-2300.

394 F.3d 831 (2005)

TEAM TIRES PLUS, LTD., Plaintiff-Appellant, v. TIRES PLUS, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

DECIDED: January 6, 2005.

Attorney(s) appearing for the Case

Michael G. Sanderson (Juan L. Flores, Sheehan, Sheehan & Stelzner, P.A., Albuquerque, NM; J. Todd Timmerman and Duane A. Daiker, Shumaker, Loop & Kendrick, LLP, Tampa, FL, with him on briefs), Shumaker, Loop & Kendrick, LLP, for Plaintiff-Appellant.

Edward Ricco (Travis R. Collier, DeWitt M. Morgan, and Matthew S. Wermager with him on the brief), Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, NM, for Defendant-Appellee.

Before McCONNELL, HOLLOWAY, and TYMKOVICH, Circuit Judges.

McCONNELL, Circuit Judge.

This is a trademark infringement and unfair competition suit under the Lanham Act, 15 U.S.C. §§ 1114 and 1125. The plaintiff, Team Tires Plus, Ltd., owns the federally registered "Tires Plus" trademark; the defendant, Tires Plus Inc., operates a retail tire store of the same name in Albuquerque, New Mexico. The district court dismissed the plaintiff's claims on summary judgment, and we REVERSE.

I.

The plaintiff...

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