Logourl black
From our private database of 14,100+ case briefs...

Emergency One, Inc. v. American FireEagle, Ltd.

United States Court of Appeals for the Fourth Circuit
228 F.3d 531 (2000)


Facts

Emergency One, Inc. (E-One) (plaintiff) manufactured fire trucks and rescue vehicles. In 1989, E-One bought American Eagle Fire Apparatus Co. (American Eagle), a firetruck manufacturer based in Gainesville, Florida. American Eagle’s trademark was a picture of a bald eagle superimposed on an American flag. E-One manufactured about 35 to 40 firetrucks in American Eagle’s Gainesville plant before stopping production in 1992. Some of the new trucks bore the American Eagle trademark, and some did not. Beginning in 1991, E-One manufactured a different, lower-cost line of firetrucks at a different plant. E-One considered using the American Eagle trademark on this new line of firetrucks but ultimately did not use the mark. After 1992, E-One’s only use of the American Eagle trademark was on uniforms, t-shirts, and other marketing paraphernalia. In 1994, a former American Eagle employee created a firetruck-manufacturing company called American FireEagle, Ltd. (FireEagle) (defendant). FireEagle used a mark consisting of a bald eagle backed by an American Flag that looked very similar to American Eagle’s trademark. E-One sued FireEagle for trademark infringement. FireEagle argued that E-One had abandoned the American Eagle mark through non-use and counterclaimed E-One for trademark infringement. Among other instructions, the district court instructed the jury that: (1) if someone stops using a mark but still has an intent to resume using the mark, then that is not abandonment; and (2) to be a non-token use of a trademark, the use must be in the ordinary course of trade in the industry in which the trademark is used. The jury found for E-One. FireEagle moved to set aside the jury verdict and asked for judgment as a matter of law. The district court denied the motion. FireEagle appealed, arguing that it was entitled to judgment as a matter of law and that the district court gave the jury improper instructions.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Michael, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

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 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read 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. Read more about Quimbee.

Here's why 217,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 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.