First Bank v. First Bank System, Inc. And First Bank, Fsb, Formerly Known as Metropolitan Federal Bank, Fsb
Court of Appeals for the First Circuit
1Opinion of the Court
BEAM, Circuit Judge.
First Bank (FB) appeals the district court’s 1 order dissolving a preliminary injunction and denying its motion for a permanent injunction against the use of FIRST BANK, FIRST BANK IOWA, or any color-able imitations of those terms by First Bank System, Inc. (FBS). 2 Because FB failed to prove the facts essential to establish a common-law trademark, we affirm.
I. BACKGROUND
This case involves a dispute between two banks over the use of FIRST BANK in connection with banking services provided in the Iowa counties of Polk, Dallas, and Warren. One of these banks, FBS, is a…
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