DADDY'S JUNKY MUSIC STORES, INC., Plaintiff-Appellant, v. BIG DADDY'S FAMILY MUSIC CENTER, Defendant-Appellee., 109 F.3d 275

Summary

Plaintiff owned a chain of retail stores and sold new and used musical instruments and related equipment. Plaintiff held three related trademark/service mark registrations. After learning that defendant was using a similar trademark for his music store, plaintiff filed suit alleging trademark infringement and false designation under the Lanham Act, 15 U.S.C.S. §§ 1114 and 1125(a), and under the Deceptive Trade Practices Act of Ohio, Ohio Rev. Code Ann. § 4165.02 (1991). On appeal, the court reversed the trial court's grant of summary judgment for defendant on all of plaintiff's claims since genuine issues of fact existed as to the likelihood of confusion. A material issue of fact remained whether the existence of 15 other registered marks incorporating plaintiff's name weakened plaintiff's marks for the purpose of retail sales of musical instruments.