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JOHN ALLAN CO. v. CRAIG ALLEN CO. L.L.C.

No. 07-3193.

540 F.3d 1133 (2008)

The JOHN ALLAN COMPANY, Plaintiff-Appellant, v. The CRAIG ALLEN COMPANY L.L.C.; Craig Allen Tatro; Erik David Leschuk, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 28, 2008.

Attorney(s) appearing for the Case

Kenneth L. Bressler, Blank Rome LLP, New York, N.Y. (Charles E. Millsap and Lyndon W. Vix, Fleeson, Gooing, Coulson & Kitch, L.L.C., Wichita, KS, with him on the briefs), for Plaintiff-Appellant.

Todd N. Tedesco, (James M. Armstrong with him on the brief), Wichita, KS, for Defendants-Appellees.

Before MURPHY, HOLLOWAY, and O'BRIEN, Circuit Judges.

MURPHY, Circuit Judge.

I. Introduction

The John Allan Company initiated a trademark infringement lawsuit against The Craig Allen Company pursuant to the Lanham Act, 15 U.S.C. § § 1114 and 1125(a). The case was tried before the district court. It concluded the use of the name "Craig Allen's" for a grooming salon in Wichita, Kansas did not infringe on the mark "John Allan's." Exercising jurisdiction pursuant to 28 U.S.C. § 1291 we reverse...

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