Legal Opinion
Boston Duck Tours, LP v. Super Duck Tours, LLC
Court of Appeals for the First Circuit
Decided June 18, 2008No. 07-2078, 07-2246PublishedCited by 175 opinions
1Opinion of the Court
LIPEZ, Circuit Judge.
In this trademark infringement dispute, defendant-appellant Super Duck Tours (“Super Duck”) appeals a preliminary injunction granted in favor of plaintiff-appel-lee Boston Duck Tours (“Boston Duck”). Asserting that the phrase “duck tour” and the image of a duck splashing in water are generic, and therefore that there is no likelihood of confusion between Boston Duck’s marks and Super Duck’s marks, appellant requests that we dissolve the injunction requiring the alteration of its trade name and logo. Appellee has also cross-appealed the order of the district court, arguing…
2Cases cited44 opinions
- Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992
- Park 'N Fly, Inc. v. Dollar Park & Fly, Inc.Supreme Court of the United States · 1985
- Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1976
- Kos Pharmaceuticals, Inc. v. Andrx Corporation Andrx Laboratories, IncCourt of Appeals for the Third Circuit · 2004
- Opticians Ass'n of America v. Independent Opticians of AmericaCourt of Appeals for the Third Circuit · 1990
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3Cited by175 opinions
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- Colonial Life & Accident Insurance v. MedleyCourt of Appeals for the First Circuit · 2009
- Bose Corporation v. EjazCourt of Appeals for the First Circuit · 2013
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