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PENNZOIL-QUAKER v. MILLER OIL AND GAS OPERATIONS

No. 13-20558.

779 F.3d 290 (2015)

PENNZOIL-QUAKER STATE COMPANY, Plaintiff-Appellant v. MILLER OIL AND GAS OPERATIONS; William J. Miller; Miller Oil & Gas Operations, Limited; Metron Management Company, L.L.C.; William Cylvestor Williams, Jr.; Bill Lincoln, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 23, 2015.

Attorney(s) appearing for the Case

Tracey Noblitt Ellison , Kelley Maria Keller , Ellison & Keller, P.C., Houston, TX, for Plaintiff-Appellant.

Walter Andrew Boyd, III, Esq. , Law Offices of Walter A. Boyd, III, Houston, TX, for Defendants-Appellees.

Before JOLLY, HIGGINBOTHAM, and OWEN, Circuit Judges.

The holder of a trademark has certain rights, among them the power to prohibit another entity from using its mark without its consent. Those rights are subject to equitable defenses, including acquiescence, where the markholder affirmatively represents to another that it may use its mark, who then relies on...

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