Alpha Industries, Inc. v. Alpha Steel Tube & Shapes, Inc.

This is an action for trademark and tradename infringement ( 15 U.S.C. § 1051 et seq.), unfair competition, and false designation of origin under 15 U.S.C. § 1125 (a). Plaintiff-Appellant Alpha Industries, Inc. (“Alpha Industries” or “Appellant”) sought to have Defendant-Appellee Alpha Steel Tube and Shapes, Inc. (“Alpha Tube” or “Appellee”) enjoined from using the name and mark ALPHA and all confusingly similar designations. The district court found on all counts for Appellee. Alpha Industries appealed. Although the term in ques tion is “alpha,” the issues involved are not of first impression in the circuit. Under the standard of review set forth in applicable cases, the district court is affirmed.

Alpha Industries is a manufacturer of capital goods which are sold to tubing manufacturers and to companies who manufacture consumer goods from tubing. Its offices and plant are in Michigan. Alpha Industries sells under the registered mark ALPHA and is the senior user of the mark and name by 40 years.

Alpha Tube is a manufacturer of steel tubing and sells tubing to companies who manufacture consumer goods from tubing. Its offices and plant are in California. Its full name is Alpha…