American Board of Psychiatry and Neurology, Inc. v. Johnson-Powell

129 F.3d 1 (1997)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
A
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

American Board of Psychiatry and Neurology, Inc. v. Johnson-Powell

United States Court of Appeals for the First Circuit
129 F.3d 1 (1997)

Facts

The American Board of Psychiatry and Neurology, Inc. (Board) (plaintiff) certified psychiatrists and neurologists. Once certified, doctors were allowed to use the Board’s certification mark. Dr. Gloria Johnson-Powell (defendant) was not certified by the Board, but she claimed on several occasions to be certified while testifying under oath. Johnson-Powell also used the Board’s certification mark on her resume. The Board sued Johnson-Powell for infringement of its certification mark and sought a preliminary injunction. At the preliminary-injunction hearing, Johnson-Powell presented an affidavit in which she promised to cease any infringement and claimed that she had ceased providing expert testimony. Johnson-Powell also provided a copy of an updated resume on which she had removed the Board’s mark. The United States District Court for the District of Massachusetts denied the Board’s motion for a preliminary injunction. The district court held the Board was likely to prevail on the merits but did not demonstrate a strong likelihood of irreparable harm in the future. The district court reasoned that Johnson-Powell was not likely to continue any further infringement. The Board appealed.

Rule of Law

Issue

Holding and Reasoning (Campbell, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 802,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 802,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 802,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Trademark

Key Terms