FREEDOM SAVINGS AND LOAN ASSOCIATION, Plaintiff, Counterclaim/Defendant, Appellant, v. Vernon WAY, Jr., d/b/a Freedom Realty, Defendant, Counterclaim/Plaintiff, Appellee, 757 F.2d 1176

Summary

The bank opposed registration of the realtor's company name because it incorporated the primary word in the bank's registered servicemark, and the agency appeal board sustained the bank's opposition. The bank then filed a lawsuit against the realtor to enjoin him from using the servicemark. At the trial, the bank claimed that the factual findings of the board entitled it to summary judgment on grounds of collateral estoppel. On appeal from the judgment for the realtor, the court affirmed, holding the trial court was not bound by the board's decision and had properly applied a "thorough conviction" standard of evaluation before rejecting its findings. The court noted the board had failed to compare overall designs or to consider the relative weakness of the registered mark. The court also found that the bank did not demonstrate a likelihood of confusion between the two servicemarks and therefore failed to establish infringement, and had not proven diminished commercial value or further ...