Allard Enterprises, Inc. v. Advanced Programming Resources, Inc.
United States Court of Appeals for the Sixth Circuit
146 F.3d 350 (1998)
Relevant factsFree
Heagren (defendant) used the mark "APR" on letterhead and resumes while running his employee-placement business, Advanced Programming Resources, starting in 1989, before Allard (plaintiff) began using "APR OF OHIO" in 1994 and later registered that mark with Ohio and the federal government by 1996. Allard sued for trademark infringement, and the district court found Heagren's earlier, though low-volume, commercial use gave him prior ownership rights, granting Heagren a permanent injunction.
IssueFree
Whether federal or state registration of a mark gives the registering party ownership of the mark.
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