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J. C. PENNEY COMPANY, INC. v. ARCTIC ENTERPRISES, INC.

No. 6-72-Civ.-260.

375 F.Supp. 913 (1974)

J. C. PENNEY COMPANY, INC., a Delaware corporation, Plaintiff, v. ARCTIC ENTERPRISES, INC., a Minnesota corporation, Defendant.

United States District Court, D. Minnesota, Sixth Division.

May 23, 1974.

Attorney(s) appearing for the Case

John Henry Andrew, New York City, and Norman D. Arvesen, Field, Arvesen, Donoho, Lundeen & Hoff, Fergus Falls, Minn., for plaintiff.

Craig W. Gagnon and Paul R. Hannah, Oppenheimer, Wolff, Foster, Shepard & Donnelly, St. Paul, Minn., for defendant.

MEMORANDUM AND ORDER

DEVITT, Chief Judge.

The basic issue in this unfair competition case is whether there is likelihood of confusion between use of the mark EL TIGRE on defendant's snowmobiles and use of the mark on plaintiff's automobile tires and minibikes.

Plaintiff Penney is a Delaware corporation headquartered in New York and is engaged in selling merchandise through retail stores and catalogs....

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