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Clark & Freeman Corp. v. Heartland Co. Ltd.

811 F. Supp. 137 (1993)

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Clark & Freeman Corp. v. Heartland Co. Ltd.

United States District Court for the Southern District of New York

811 F. Supp. 137 (1993)

Facts

In 1985, the defendant began using the name “Heartland” in connection with its clothing line. In 1986, the plaintiff began using the name Heartland in connection with its men’s footwear. In 1987, Sears, Roebuck & Company assigned to the plaintiff its use of the name “Heartland” in connection with Sears’s line of women’s boots. Sears had used the name since 1983 for its women’s pixie boots. The plaintiff decided to expand its business to a clothing line using the name Heartland. The plaintiff sued the defendant seeking to establish priority in its use of the word as a trademark.

Rule of Law

Issue

Holding and Reasoning (Martin, J.)

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