Tabberone is pronounced tab ber won |
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AutoZone, Inc. v. Tandy Corp., 373 F.3d 786 (6th Cir. 2004)
The Sixth Circuit affirmed summary judgment against the plaintiff on its dilution claim on the grounds that the marks AUTOZONE and POWERZONE were dissimilar and the plaintiff failed to introduce evidence of actual dilution as required by Moseley. Summary judgment was likewise granted and affirmed on the plaintiff's infringement claim, in light of the differences between the marks and products, absence of actual confusion, and absence of intent to infringe. |