Burke-Parsons-Bowlby Corp. v. Appalachian Log Homes, Inc.
United States Court of Appeals for the Sixth Circuit
871 F.2d 590 (1989)
- Written by Mike Cicero , JD
Facts
In January 1980, Burke-Parsons-Bowlby Corporation (BPB) (plaintiff) began using the mark Appalachian Log Structures (BPB’s mark) for log residences. BPB protected the mark with a federal trademark registration, which issued in August 1983 from an application that BPB had filed with the United States Patent and Trademark Office (PTO) in December 1981. To obtain that registration, however, BPB needed to submit proof of secondary meaning to the PTO, so BPB submitted evidence that it had spent $100,000 on advertising and had earned approximately $2 million in gross sales of log residences under its mark. Appalachian Log Homes, Inc. (ALH) (defendant) began using the mark Appalachian Log Homes (ALH’s mark) in August 1981 for handcrafted log homes. BPB brought a trademark-infringement action against ALH in the United States District Court for the Eastern District of Tennessee. BPB sought an injunction against ALH barring ALH from using ALH’s mark. ALH raised a defense that BPB’s mark was invalid for being primarily geographically descriptive while lacking secondary meaning. The district court received testimony from a geography professor that the term Appalachian refers to a geographic area in the United States and that this term had been in the public domain since 1902. Additionally, a Tennessee attorney testified that, based on his research, the term Appalachian had been used in the names of 132 businesses located in North Carolina, Virginia, and West Virginia. The district court also viewed the short duration of BPB’s use of its mark at the time it submitted its evidence to the PTO as highly relevant on the question of whether BPB had sustained its burden to prove secondary meaning. Considering this and other evidence, the district court issued an order denying BPB the sought injunctive relief. BPB appealed.
Rule of Law
Issue
Holding and Reasoning (Meredith, J.)
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