Cellular Sales, Inc. And John Webb v. Rick MacKay D/B/A Cellular Sales North

ROSS, Senior Circuit Judge.

Plaintiffs Cellular Sales, Inc. and John Webb filed this action charging that defendant Rick Mackay, by doing business as Cellular Sales North, is misappropriating plaintiffs’ trade name. The district court agreed and issued a preliminary injunction enjoining Mackay from using the name “Cellular Sales” in the future. Because we conclude that the name “Cellular Sales” is generic in nature and therefore not entitled to trade name protection, we reverse the decision of the district court.

I

In October 1986, plaintiff John Webb became an agent for a company named Cellular…