Black Hills Jewelry Manufacturing Co. v. Gold Rush, Inc.

633 F.2d 746 (1980)

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Black Hills Jewelry Manufacturing Co. v. Gold Rush, Inc.

United States Court of Appeals for the Eighth Circuit
633 F.2d 746 (1980)

SC

Facts

Black Hills Jewelry Manufacturing Company (BHJ) (plaintiff) operated a jewelry company in the Blacks Hills region of South Dakota. BHJ and other manufacturers had been making jewelry labeled Black Hills Gold in the Black Hills region for over a century. Gold Rush, Inc. (defendant) sold jewelry it described as “Black Hills Gold Jewelry by Gold Rush.” The jewelry was similar to that sold by BHJ, although Gold Rush’s jewelry was not manufactured in the Black Hills region. Despite this, Gold Rush’s advertisements featured Mount Rushmore and historical Black Hills folklore. BHJ sued Gold Rush under § 43(a) of the Lanham Act, seeking to prevent Gold Rush from using the phrase “Black Hills Gold Jewelry.” The district court found that Gold Rush’s use of the name of the region violated the provision of the Lanham Act that prohibited false designation of origin. The court granted an injunction, prohibiting Gold Rush from using the phrase “Black Hills Gold Jewelry” if its jewelry was not manufactured in the Black Hills region. Gold Rush appealed, arguing that the phrase “Black Hills Gold Jewelry” was generic and was not geographically descriptive.

Rule of Law

Issue

Holding and Reasoning (Stephenson, J.)

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