Legal Opinion
National Association for Healthcare Communications, Inc. v. Central Arkansas Area Agency on Aging, Inc.
Court of Appeals for the Eighth Circuit
Decided July 11, 2001No. 00-1964PublishedCited by 9 opinions
1Opinion of the Court
LOKEN, Circuit Judge.
This is an action under the Lanham Act and state law to determine which party has the superior right to use the service mark “CareLink” in Arkansas. The National Association for Healthcare Communications, Inc. (“Healthcom”) was the first to use the mark nationally. It has a federal service mark registration pending but must rely in this case on its common law trademark rights as enforced under the Lanham Act. See 15 U.S.C. § 1125(a). The Central Arkansas Area Agency on Aging, Inc. (“CA”) was the first to use the mark in six counties in central Arkansas and has registered…
2Cases cited17 opinions
- Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
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- Dawn Donut Company, Inc. v. Hart's Food Stores, Inc. And Starhart Bakeries, Inc.Court of Appeals for the Second Circuit · 1959
- Nutri/system, Inc. v. Con-Stan Industries, Inc.Court of Appeals for the Ninth Circuit · 1987
- Sweetarts, a Corporation v. Sunline, Inc., and Menlo F. SmithCourt of Appeals for the Eighth Circuit · 1967
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3Cited by9 opinions
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- Stone Creek, Inc. v. Omnia Italian Design, Inc.Court of Appeals for the Ninth Circuit · 2017
- Anheuser-Busch, Inc. v. Vip Products, LLCDistrict Court, E.D. Missouri · 2008
- In Re Blue Cross Blue Shield Antitrust Litigation MDL 2406District Court, N.D. Alabama · 2024
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