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ORECK CORP. v. THOMSON CONSUMER ELECTRONICS, INC.

No. IP 89-612-C.

796 F.Supp. 1152 (1992)

ORECK CORPORATION, Plaintiff, v. THOMSON CONSUMER ELECTRONICS, INC., Defendant.

United States District Court, S.D. Indiana, Indianapolis Division.

June 16, 1992.

Attorney(s) appearing for the Case

Paul T. Meiklejohn, Seed & Berry, Seattle, Wash. and Richard L. Darst, Mantel, Cohen, Garelick, Reiswerg & Fishman, Indianapolis, Ind., for plaintiff.

James M. Durlacher, Woodard, Emhardt, Naughton, Moriarty & McNett, Indianapolis, Ind., for defendant.

PARTIAL SUMMARY JUDGMENT

BARKER, District Judge.

I. Background

In 1968, David Oreck, an authorized RCA dealer, had the idea to market RCA products using the words "XL" and "X-TENDED LIFE." However, concerned that the Federal Trade Commission might consider an "XL" mark misleading, RCA instructed Oreck not to use "XL" in connection with any RCA product.

Oreck complied with RCA's request, but was undaunted by RCA's rejection of his...

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