9
Sep/04

Trademark Owner Abhors A Vacuum Repair Place


Straightforward case re lawful use of a trademark by an unauthorized sales/service provider.  House of Vacuums ran a yellow page ad (reprinted in the decision here) which seems somewhat common.  The name of the store, HOUSE OF VACUUMS is the dominant element, and 13 different brands of vacuums are listed.  No claims are made regarding authorization by the brand-owners.  Infringement and dilution claims by plaintiff (1 of the 13 brands listed) dismissed at summary judgment.

Scott Fetzer v. House of Vacuums, no. 03-51118 (5th Cir. Aug. 12, 2004).

Photograph of House of Vacuums here.

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