Peaches Entertainment Corp. v. Entertainment Repertoire Associates

62 F.3d 690 (1995)

From our private database of 46,500+ case briefs, written and edited by humans—never with AI.

Peaches Entertainment Corp. v. Entertainment Repertoire Associates

United States Court of Appeals for the Fifth Circuit
62 F.3d 690 (1995)

  • Written by Whitney Kamerzel , JD

Facts

In 1974, Lishon’s Inc. began naming its music and video stores PEACHES. In 1976, Lishon’s registered the trademark. By 1980, Lishon’s operated 42 stores in 20 states, not including Louisiana. Since 1975, Entertainment Repertoire Association, Inc. (ERA) (defendant) operated music and video stores in Louisiana under the name PEACHES. When Lishon’s registered the mark, ERA used the mark in seven Louisiana parishes and advertised with the mark outside these territories. When Lishon’s discovered ERA was using the PEACHES mark, Lishon’s sent a cease-and-desist letter demanding that ERA stop using the PEACHES mark in Louisiana. ERA replied that when the PEACHES mark was adopted, ERA did not know Lishon’s used the trademark. After receiving no response, ERA kept using the mark and, by 1980, had expanded to six stores in Louisiana. In 1981, Lishon’s filed for bankruptcy and sold the PEACHES trademark to Peaches Entertainment Corporation (PEC) (plaintiff). PEC brought a trademark-infringement suit against ERA seeking an injunction and damages. At the time of the lawsuit, ERA operated only one store in Orleans Parish. ERA argued that it was a junior intermediate user entitled to exclusive use of the trademark PEACHES within the territory it had established prior to the mark’s registration. The district court agreed and determined ERA’s trade territory by relying on ERA’s zone of reputation. Therefore, the district court held that at the time Lishon’s registered the mark, ERA’s use of the mark covered seven parishes in Louisiana where sales were made, even though ERA’s advertisements expanded beyond this area. However, because the district court limited ERA’s use of the mark to only two parishes within ERA’s seven-parish trade territory, ERA appealed. PEC also appealed the district court’s area restriction and argued that ERA’s use of the mark must be limited to the one store in operation at the time of the lawsuit.

Rule of Law

Issue

Holding and Reasoning (Stewart, 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 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  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.

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 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 832,000 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
  • 46,500 briefs - keyed to 994 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