Quimbee logo
DMCA.com Protection Status
From our private database of 19,800+ case briefs...

Tamko Roofing Products, Inc. v. Ideal Roofing Company, Ltd.

United States Court of Appeals for the First Circuit
282 F.3d 23 (2002)


Tamko Roofing Products, Inc. (Tamko) (plaintiff) manufactured asphalt-roofing products. Tamko marketed its roofing products under the name “Heritage,” and registered 10 trademarks relating to the name Heritage with the United States Patent and Trademark Office. One of Tamko’s marks was “The American Heritage Series,” written in a cursive script. Ideal Roofing Company, Ltd. (Ideal) (defendant) manufactured metal-roofing products. Ideal developed a metal-roofing product that competed directly with Tamko’s asphalt-roofing product for steep-slope roofs. After attending a tradeshow where Tamko’s Heritage mark was displayed, Ideal decided to call its new product “Heritage Series.” Ideal’s Heritage Series mark was written in a cursive script very similar to the style of Tamko’s The American Heritage Series mark. Ideal instructed its attorneys to not conduct a trademark search before adopting the Heritage Series mark. Tamko sued Ideal for trademark infringement. Before trial, the district court issued a preliminary injunction that enjoined or prevented Ideal from using the Heritage Series mark. Despite the court’s order, Ideal continued to use the Heritage Series mark on brochures and on Ideal’s website, and Ideal was found in contempt of the preliminary-injunction order. At trial, the jury found for Tamko, finding that Ideal had willfully infringed Tamko’s trademarks. The district court: (1) awarded attorneys’ fees to Tamko and (2) issued a permanent injunction against Ideal’s use of the words Heritage, Heritage Series, H Series, or other names similar to Heritage. Ideal appealed. On appeal, Ideal argued that an award of attorneys’ fees under the Lanham Act was not appropriate absent evidence of deceitfulness.

Rule of Law


Holding and Reasoning (Lynch, 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 507,000 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 507,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 19,800 briefs, keyed to 985 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.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial