Duluth News-Tribune v. Mesabi Publishing Co.

84 F.3d 1093 (1996)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Duluth News-Tribune v. Mesabi Publishing Co.

United States Court of Appeals for the Eighth Circuit
84 F.3d 1093 (1996)

Facts

Duluth News-Tribune, a division of Northwest Publications, Inc. (Duluth) (plaintiff), circulated a daily newspaper called the Duluth News-Tribune in northeastern Minnesota, including a distinct geographic area known as the Iron Range. Mesabi Publishing Company and Hibbing Tribune Company, Inc. (defendants), both subsidiaries of the Murphy Publishing Company (collectively, Murphy), also published newspapers in the Iron Range. The two Murphy papers began to jointly publish a Saturday edition called the Saturday Daily News Tribune that was distributed throughout the Iron Range and included news coverage that was similar to Duluth’s. Murphy’s paper featured a blue banner below the title reading, “Publication of the Mesabi Daily News, Virginia and Daily Tribune, Hibbing.” In response to complaints from Duluth about the similarity of the name of the new Saturday paper to Duluth’s paper, Murphy added an ampersand between the words News and Tribune in the new publication. Approximately 92 percent of Murphy’s sales were home subscriptions. An additional 2 percent of papers were sold through newspaper racks that clearly identified Murphy as the publisher. On one occasion, Duluth received a letter from a reader offering editorial suggestions about an article that appeared in the Murphy paper, not the Duluth paper. Duluth filed suit against Murphy, claiming trademark infringement under the Lanham Act (act). The district court entered summary judgment in favor of Murphy, and Duluth appealed.

Rule of Law

Issue

Holding and Reasoning (Wollman, 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 735,000 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 735,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 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 735,000 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
  • 45,900 briefs - keyed to 984 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