MASTERCARD INTERNATIONAL INCORPORATED, Plaintiff v. SPRINT COMMUNICATIONS COMPANY and WORLD CUP USA 1994, INC., Defendants; SPRINT COMMUNICATIONS COMPANY L.P., Defendant and Third Party Plaintiff v. ISL FOOTBALL A.G. and ISL MARKETING A.G., Third-Party Defendants, 1994 U.S. Dist. LEXIS 3398

Summary

Plaintiff held an exclusive license to use a sporting event's trademark on credit card products. Defendant held an exclusive license to use that mark in telecommunications advertising. When defendant issued telephone calling cards with the mark, plaintiff claimed infringement of its rights under its license. Plaintiff moved for a preliminary injunction. The court granted the preliminary injunction, finding that defendant's use of the mark was likely to create consumer confusion as to which organization was permitted to use the mark on credit cards. As an exclusive licensee, plaintiff had standing under § 43 of the Lanham Act, 15 U.S.C.S. § 1125(a) to protect its interest in the mark against a false implication of sponsorship.