Larry Harmon Pictures Corp. v. Williams Restaurant Corp.

929 F.2d 662 (1991)

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Larry Harmon Pictures Corp. v. Williams Restaurant Corp.

United States Court of Appeals for the Federal Circuit
929 F.2d 662 (1991)

Facts

Larry Harmon Pictures Corporation (Harmon) (plaintiff) opposed an application for registration filed by Williams Restaurant Corporation (Williams) (defendant) of the mark “Bozo’s” for restaurant services. Williams had operated Bozo’s Hot Pit Bar-B-Q Restaurant in Mason, Tennessee, about an hour from Memphis, since 1932. The Memphis metropolitan area comprised not only part of Tennessee, but also portions of Arkansas and Mississippi, and the Bozo’s restaurant was close enough to Memphis to be popular with residents there. Bozo’s had also been mentioned in publications nationwide. Harmon argued that the use-in-commerce requirement of § 3 of the Lanham Act (act) could not be satisfied by a single-location restaurant like Bozo’s that served only a minimal number of interstate travelers. The Patent and Trademark Office Trademark Trial and Appeal Board (board) concluded that Williams had satisfied the use-in-commerce requirement. The board entered summary judgment in favor of Williams, dismissing Harmon’s opposition, and Harmon appealed.

Rule of Law

Issue

Holding and Reasoning (Archer, J.)

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