Holiday Inns, Inc. v. 800 Reservation, Inc.

86 F.3d 619 (1996)

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Holiday Inns, Inc. v. 800 Reservation, Inc.

United States Court of Appeals for Sixth Circuit
86 F.3d 619 (1996)

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Facts

Holiday Inns, Inc. (plaintiff) was a corporation that owned and operated more than 1000 hotels under the registered trademark “Holiday Inn.” Holiday Inns spent tens of millions of dollars every year on advertising, including advertising its reservation phone number, 1-800-HOLIDAY. Holiday Inns had not registered the phone number itself as a trademark. Call Management Systems (defendant) was a consulting company that assisted businesses in processing their toll-free number systems. Although many businesses frequently obtained toll-free numbers that were likely to be confused with their actual number, Holiday Inns had failed to obtain the complementary number 1-800-H[zero]LIDAY. Call Management acquired that number and contracted with 800 Reservation, Inc. (defendant) a hotel reservations clearinghouse, to operate the number as a reservation line for multiple hotel chains, including Holiday Inns. Holiday Inns sued Call Management and 800 Reservation for trademark infringement and unfair competition. The district court granted Holiday Inns partial summary judgement and a permanent injunction against 800 Reservation and Call Management from using the 1-800-H[zero]LIDAY number.

Rule of Law

Issue

Holding and Reasoning (Daughtrey, J.)

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