to Dismiss is GRANTED, Defendants Woodruff and Propride’s Motion to Dismiss is GRANTED, and Plaintiffs Motion for Preliminary Injunction is DENIED. Plaintiffs complaint is hereby DISMISSED. IT IS SO ORDERED. 1 . Plaintiff claims that Plaintiff purchased the ongoing trailer hitch business of Defendant Hensley’s company. Defendants deny this, and Plaintiff provides no documentary evidence. 2 . Plaintiff has plead this claim as "False Designalion of Origin” under 15 U.S.C. § 1125. 3 . Defendant Propride’s first argument—that the use is not "in commerce" because it is not part of the name or packaging of the product—is patently incorrect, as the use in advertising is clearly "in commerce.” Mishawaka Rubber & Woolen Mfg. Co. v. Panther-Panco Rubber Co., 153 F.2d 662, 667 (1st Cir.1946) (<HOLDING>). 4 . Defendants and Plaintiff argue over the
holding that although the underlying action is one for trademark infringement the infringement occurred as a result of the underlying defendants use of the trademark in their advertising holding that the essential wrong of trademark infringement the appropriation of the good will of anothers established mark may be effectively accomplished by advertising matter associating that others distinguishing mark with the product of defendant holding that it is permissible to use anothers mark truthfully to identify anothers goods or services holding in trademark infringement suit that dallas cowboys americas team mark was protectable and that defendants were enjoined from using producing or promoting a similar mark holding limited use of a mark did not constitute prior use in commerce sufficient to establish rights in the mark