Accuride International, Inc. Standard Precision, Inc. v. Accuride Corporation

Good Law
871 F.2d 1531·1989 WL 34566·10 U.S.P.Q. 2d (BNA) 1589·1989 U.S. App. LEXIS 4979
United States Court of Appeals for the Ninth CircuitApril 14, 198987-6734California4,928 words

Opinion

Opinion

Fletcher, J.

This is an action for trade name infringement, dilution, unfair competition and false designation of origin brought by Accuride International, Inc. against Accuride Corporation. After a bench trial based upon a stipulated trial record, the district court found on all counts for the defendant-appel-lee, Accuride Corporation. We affirm.

FACTS

Accuride International, Inc., (All) a California corporation, is a wholly-owned subsidiary of Standard Precision, Inc., also a California corporation. Standard Precision is a leading producer of drawer slide mechanisms, which it has sold under the “AC-CURIDE” trademark since 1962. Yearly sales of “ACCURIDE” slides are approximately $90 million. In 1972, All was formed to market “ACCURIDE” drawer slides overseas. Plaintiffs have identified themselves in their business literature merely as “Accuride: for a number of years.

Defendant Aecuride Corporation (Aecuride or Aecuride Corporation) is the successor corporation to the Steel Products Division of the Firestone Tire and Rubber Company. Aecuride and its predecessor have used the trademark “ACCU-RIDE” or “ACCURIDE” on truck wheels and rims since 1959. Accuride’s predecessor was the leading…

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