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Intellectual Property Keyed to Merges
Park ‘N Fly, Inc. v. Dollar Park and Fly, Inc
Facts
Park ‘N Fly, Inc. (Plaintiff) operated long-term parking lots near airports in several states and had established a service mark made up of the logo of an airplane with the words “Park ‘N Fly” with the United States Patent and Trademark Office. Park ‘N Fly (Plaintiff) successfully sought an injunction against Dollar Park and Fly, Inc. (Defendant), which provided long-term parking services in Oregon. Defendant counterclaimed and sought cancellation of Plaintiff’s mark on the grounds that it was a generic term. Dollar (Defendant) also argued that the mark was not enforceable as it was only descriptive. After a bench trial, the district court found that the mark was not generic and also found enough evidence to indicate a likelihood of confusion. It permanently enjoined Defendant from using the words “Park and Fly.” The court of appeals reversed because it found that incontestability may not be used offensively to enjoin another’s use. The court of appeals also found that the mark was descriptive and therefore Dollar (Defendant) could not be enjoined from using the name “Park and Fly.” The United States Supreme Court granted certeriori.
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