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WSM, INC. v. BAILEY

March 21, 1969

WSM, INCORPORATED, Plaintiff,
v.
Donald BAILEY and Jay Rainwater, individually and d/b/a Opry Records, Defendants



The opinion of the court was delivered by: MILLER

 WILLIAM E. MILLER, Chief Judge.

 This is an action for alleged trademark infringement and unfair competition, in which the plaintiff, the holder of a registered service mark, "Grand Ole Opry," seeks to enjoin the defendant Rainwater from using the word "Opry" as an identifying label on phonograph records produced and promoted by defendant. Plaintiff's cause of action is derived from 15 U.S.C.A. §§ 1114, 1121 and 1125(a). Jurisdiction is conferred on the Court by 28 U.S.C.A. § 1338(a) and (b).

 Plaintiff is the operator of the world famous "Grand Ole Opry" country and western music show which originates in Nashville, Tennessee. The "Grand Ole Opry" has been seen in person by millions of people from all sections of the country, and it is seen and heard weekly on television and radio in all sections of the United States and Canada.

 Plaintiff is the owner of United States Service Mark Registration Number 527,589 issued by the United States Patent Office on July 11, 1950, and directed to the mark "Grand Ole Opry" for services described therein as "Radio program broadcasting services; for entertainment services through the medium of radio and personal appearance performances of dramatic, musical, and dramatico-musical programs; and for the advertising of sponsors' goods through the medium of radio broadcast programs."

 In addition, plaintiff is the owner of United States Service Mark Registration Number 645,898 issued by the United States Patent Office on May 21, 1957, and directed to the mark "Grand Ole Opry" for services described therein as "The title of entertainment services in the nature of dramatic, dramatico-musical programs and/or ...


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