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NORM THOMPSON OUTFITTERS, INC. v. GENERAL MOTORS CORP.

Civ. No. 68-591.

300 F.Supp. 274 (1969)

NORM THOMPSON OUTFITTERS, INC., an Oregon corporation, Plaintiff, v. GENERAL MOTORS CORPORATION, a Delaware corporation, Defendant.

United States District Court D. Oregon.

June 9, 1969.

Attorney(s) appearing for the Case

Kolisch & Hartwell, J. Pierre Kolisch, John W. Stuart, Portland, Or., for plaintiff.

James C. Dezendorf, George L. Wagner, McCulloch, Dezendorf, Spears & Lubersky, Portland, Or., for defendant.

OPINION

BELLONI, District Judge:

This is a suit to enjoin the defendant from using the words "ESCAPE FROM THE ORDINARY" in defendant's advertising of Oldsmobile automobiles. The plaintiff alleges that the words constitute a common law trademark and it asks for damages resulting to its business from defendant's use of it.

The plaintiff is in the mail order business selling a variety of goods such as sports...

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