Galt House, Inc. v. Home Supply Co.

483 S.W.2d 107 (1972)

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Galt House, Inc. v. Home Supply Co.

Kentucky Court of Appeals
483 S.W.2d 107 (1972)

  • Written by Jack Newell, JD

Facts

Galt House (plaintiff) was incorporated by Arch Stallard in Kentucky in 1964. Home Supply Company (defendant) registered a trademark for the name “The Galt House” in 1969. Home Supply had begun construction of a hotel called The Galt House. Stallard had engaged in no business relating to his corporation, Galt House, for years, claiming he suffered from illness that had stopped him from doing anything. Upon Home Supply’s registration of the mark, Galt House sued, in state court claiming that it had priority in use of the trademark because it was incorporated under that name.

Rule of Law

Issue

Holding and Reasoning (Reed, J.)

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