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Hensley Mfg. Inc. v. ProPride, Inc., No. 08-1834

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


Opinion by Judge McKeague


For Appellant:

Craig A. Redinger, Young Basile, Ann Arbor, MI

For Appellees:

Josh J. Moss, Barris, Sott, Denn & Driker, PLLC, Detroit, MI

John F. Early, Jr., Law Office, Fenton, MI