Mr. Take a trip, Inc. v. VIP Travelling Provider, Inc., 268 F. Supp. 958 (N.D. Ill. 1966)
The fresh marketing access to their respective brands and you can ple, it appears from inside the click, leaflets, providers notes, letterheads, envelopes, and you can shipping meter seal of approval
This can be an activity having trademark infringement and you will unfair competition. It’s been lead beneath the Lanham Operate (15 You. §§ 1051-1127), in Illinois guidelines writing about signature registration, infringement and you will dilution (1965 Unwell.Rev.Stat. ch. 140, §§ 8-22), and you can within the common-law standards of signature infringement and you will unjust battle.
S.C
Plaintiff, Mr. Traveling, Inc., are a keen Illinois enterprise involved with the company regarding travelling service provider, like the arrangement out of traveling trips, transportation and rentals. Accused, V.I.P. Travel Service, Inc., are an enthusiastic Illinois corporation engaged in an identical profession. Each party can be found in Chi town, Illinois, and also the prominent urban centers away from business there.
This courtroom enjoys jurisdiction in this fit by advantage of the federal signature laws and regulations (fifteen U. §§ 1051-1127) and 28 You. § 1338.
Plaintiff owns the service draw “mr. take a trip,” it has utilized since the 1960 regarding the their business. Into the March 6, 1962, this specific service mark, when you look at the lower-case white emails against a black history, was registered to your All of us Patent Workplace, U. S. Reg. Zero. 727,341. That it registration was to possess “travelling company services, together with organizing traveling transport, traveling accommodations, vacation trips and you can hotel rentals.” Inside *960 order to find the registration, plaintiff disclaimed the term “travel” aside from the draw because found. Plaintiff also offers entered the service mark “mr. travel” toward Secretary away from Condition away from Illinois with the a couple days. With the November 23, 1960, registration of “mr. travel” in lower-case black characters up against a light history try obtained, Sick. Reg. Zero. 34,984. To your February 27, 1961, registration regarding “mr. travel” into the lower-case white letters facing a black colored background are gotten, Sick. Reg. Zero. thirty five,104. The previous registration are noted as actually an effective “trademark” for use within the marketing company, while the latter was an excellent “service mark” for use in transport and you can shop. Plaintiff has utilized one another items of this draw concerning the organization and you may ads as a trips agencies once the 1960mencing in the a comparable big date, plaintiff has made use of an excellent caricature regarding an initial hefty son within the sports dresses toward a number of the advertising materialprimarily towards leaflets and sent advertising. Once in a while, so it caricature provides integrated the fresh lettering “mr. travel” across its top. The singleparentmeet plus opinie fresh new caricature was not registered from the plaintiff.
Offender try organized since the a company with the age V.We.P. Travelling Provider, Inc., and you can began team when you look at the December of the seasons. Due to the fact you to date, accused has used good caricature from a guy that have a bag on what the new lettering “Mr. V.We.P.” appears. On July 20, 1965, offender obtained a subscription just like the a help draw of 1 version of this caricature, as the shown less than, U. S. Reg. No. 793,089:
So it ely, organizing to possess held international and you will domestic tours and additionally all sorts of transportation and you will leases.” Accused are presently having fun with an equivalent, however, a whole lot more “progressive,” variety of that it caricature regarding the its company and you will ads.
In a number of of your newspaper ads, plaintiff’s and defendant’s marketing appear side-by-side, which is attributable to the fact an identical geographical components are increasingly being stated. In certain out of defendant’s papers advertisements, the fresh new lettering “Mr. V.We.P.” into the suitcase of its caricature appears in close proximity to the brand new designation of your company”V.We.P. Traveling.” A few of the defendant’s pamphlets also have showcased the name “Mr. V.I.P.” in a manner that might head a reader so you’re able to regard this since denominative of your source. In the end, accused has utilized an enthusiastic inscription about the its postage meter press, learning “Mister V.We.P. Travels.”
