Legal Opinion
Action Temporary Services, Inc. v. Labor Force, Inc.
Court of Appeals for the Federal Circuit
Decided March 23, 1989No. 88-1446PublishedCited by 38 opinions
1Opinion of the Court
EDWARD S. SMITH, Circuit Judge.
In this concurrent use proceeding, the United States Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (board) granted summary judgment in favor of Labor Force, Inc. (Labor), holding that, as a matter of law, Action Temporary Services, Inc. (Action), was not a concurrent lawful user of the service mark LABOR FORCE within the meaning of section 2(d) of the Lanham Act.1 We reverse that judgment and remand this case to the board for further proceedings.
Issue
The principal issue on appeal is whether a federal registration of a mark in force at the…
2Cases cited6 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Weiner King, Inc. v. Wiener King Corp.Court of Customs and Patent Appeals · 1980
- Application of Beatrice Foods Co. Application of Fairway Foods, IncCourt of Customs and Patent Appeals · 1970
- Jewelers Vigilance Committee, Inc. v. Ullenberg Corp.Court of Appeals for the Federal Circuit · 1988
- Daniel R. Gray, D.B.A. Daffy Dan's v. Daffy Dan's BargaintownCourt of Appeals for the Federal Circuit · 1987
1 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- National Cable Television Association, Inc. v. American Cinema Editors, Inc.Court of Appeals for the Federal Circuit · 1991
- Valu Engineering, Inc. v. Rexnord CorporationCourt of Appeals for the Federal Circuit · 2002
- Swatch AG v. Beehive Wholesale, LLCCourt of Appeals for the Fourth Circuit · 2014
- T.A.B. Systems v. Pactel TeletracCourt of Appeals for the Federal Circuit · 1996
- First Savings Bank, F.S.B. v. First Bank System, Inc.District Court, D. Kansas · 1995
33 more not listed; retrieve them via the Exa API.