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

633 F.2d 746 (1980)

From our private database of 46,100+ case briefs, written and edited by humans—never with AI.

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.)

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 745,000 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 745,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,100 briefs, keyed to 987 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 745,000 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
  • 46,100 briefs - keyed to 987 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