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Osgood Heating & Air Conditioning, Inc. v. Osgood

75 U.S.P.Q.2d 1432 (2004)

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Osgood Heating & Air Conditioning, Inc. v. Osgood

United States District Court for the Western District of Texas
75 U.S.P.Q.2d 1432 (2004)

Facts

Osgood Heating & Air Conditioning, Inc. (Osgood) (plaintiff), a company that provided heating and air conditioning services in Austin, Texas, was founded in 1968. In 1998, American Residential Services, L.L.C. (ARS) (plaintiff) acquired Osgood, including its mark (the Osgood mark). Thereafter, Charles Osgood (Charles) (defendant), one of the original founders and sellers of Osgood, formed Service Wizard, Inc. (defendant), which provided heating and air conditioning services in Austin, Texas. Service Wizard used a 4-Osgood mark within advertisements that it ran via the internet, in print, on TV, and on the radio. ARS and Osgood filed suit and moved for a preliminary injunction, alleging, in part, that Service Wizard and Charles had infringed the Osgood trademark by using the 4-Osgood mark, which was likely to cause confusion with the Osgood mark.

Rule of Law

Issue

Holding and Reasoning ()

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