Legal Opinion
American Board of Psychiatry & Neurology, Inc. v. Johnson-Powell
Court of Appeals for the First Circuit
Decided October 23, 1997No. 97-1289PublishedCited by 45 opinions
1Opinion of the Court
LEVIN H. CAMPBELL, Senior Circuit Judge.
Plaintiff American Board of Psychiatry and Neurology, Inc. (“ABPN”) appeals from the district court’s denial of a preliminary injunction to order Dr. Gloria Johnson-Powell to desist from infringing its certification mark. ABPN had alleged in its complaint that Dr. Johnson-Powell had falsely claimed, both under oath and on her curriculum vitae, that she was ABPN-certified, in violation of the Trademark Act of 1946, 15 U.S.C. § 1114(l)(a)-(b) (the “Lanham Act”). While seemingly in agreement that Dr. Johnson-Powell had, in fact, committed such…
2Cases cited12 opinions
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- Camel Hair and Cashmere Institute of America, Inc. v. Associated Dry Goods Corporation, D/B/A Lord & TaylorCourt of Appeals for the First Circuit · 1986
- The Keds Corp. v. Renee International Trading Corp.Court of Appeals for the First Circuit · 1989
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3Cited by45 opinions
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- Solantic, LLC v. City of Neptune BeachCourt of Appeals for the Eleventh Circuit · 2005
- Securities & Exchange Commission v. SargentCourt of Appeals for the First Circuit · 2003
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