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MINTURN ADVERTISING v. HERMSEN DESIGN ASSOCIATES

Civ. A. No. CA3-87-2606-D.

728 F.Supp. 430 (1990)

MINTURN ADVERTISING, INC., Plaintiff, v. HERMSEN DESIGN ASSOCIATES, INC., Defendant.

United States District Court, N.D. Texas, Dallas Division.

January 5, 1990.

Attorney(s) appearing for the Case

David Judson of Hughes & Luce, Dallas, Tex., for plaintiff.

Richard L. Schwartz of Glaser, Griggs & Schwartz, Dallas, Tex., for defendant.

MEMORANDUM OPINION

FITZWATER, District Judge.

This lawsuit raises only one issue— whether the service mark adopted by defendant Hermsen Design Associates, Inc. ("Hermsen") is so similar to the mark adopted by plaintiff Minturn Advertising, Inc. ("Minturn") as to cause confusion in the minds of prospective customers. Because the court concludes the marks are not so similar that potential customers are likely to be confused, the court denies the permanent...

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