In a trademark infringement action alleging improper use of a trailer hitch designer's name, dismissal of the complaint is affirmed where: 1) the complaint did not allege facts sufficient to show that defendant's use of the name created a likelihood of confusion as to the source of its products; and 2) the fair use defense applied because the use of the name was descriptive.
Read Hensley Mfg. Inc. v. ProPride, Inc., No. 08-1834
Appellate Information
Argued: June 19, 2009
Decided and Filed: September 3, 2009
Judges
Opinion by Judge McKeague
Counsel
For Appellant:
Craig A. Redinger, Young Basile, Ann Arbor, MI
For Appellees:
Josh J. Moss, Barris, Sott, Denn & Driker, PLLC, Detroit, MI
