Allard Enterprises, Inc., D/ B/a/ Allard Programming Resources v. Advanced Programming Resources, Inc., and Barry Heagren

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that prior use was established when the defendant used the contested trademark “on at least one fax, at least one resume, and in numerous other solicitations”
• explaining that “an analysis appropriate for a determination of liability under section 43(a
• permitting appellant, after the notice of appeal had been filed, to raise its initial challenge to the nationwide scope of the injunction.
• vacating “an injunction of national scale” where the court failed to “set[] forth the geographic scope of defendants’ trade territory”
• finding sufficient use where a claimant offered its services to potential customers through numerous solicitations bearing the mark
• affirming district court’s determination of priority based on comparison of one party’s date of actual use with other party’s date of actual use preceding the date of its application for registration

Source: CourtListener parenthetical corpus (CC0).