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EXPRESS FUNDING, INC. v. EXPRESS MORTG., INC.

Civ. No. 94-71856.

894 F.Supp. 1095 (1995)

EXPRESS FUNDING, INC., Plaintiff/Counter-Defendant, v. EXPRESS MORTGAGE, INC., Defendant/Counter-Plaintiff.

United States District Court, E.D. Michigan, Southern Division.

February 3, 1995.

Attorney(s) appearing for the Case

Richard Segal, West Bloomfield, MI, for plaintiff.

Julie Greenberg, Birmingham, MI, for defendant.

COHN, District Judge.

OPINION

I.

This is a service mark case. 15 U.S.C. § 1125 et seq. Plaintiff/Counter-Defendant, Express Funding, Inc. (Funding), seeks a declaratory judgment that its use of the name "Express Funding, Inc.," does not infringe any rights of Defendant/Counter-Plaintiff, Express Mortgage Brokers, Inc. (Mortgage), to the mark "Express Mortgage." Mortgage in its cross-complaint charges that Funding's use of the...

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