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Keywords

plaintiffinjunctionappealtrademark

injunctionmotionappellant

Related Cases

WCVB-TV v. Boston Athletic Ass’n, 926 F.2d 42, 59 USLW 2576, 17 U.S.P.Q.2d 1688, 18 Media L. Rep. 1710

Facts

The Boston Athletic Association (BAA) sued Channel 5 (WCVB-TV) to prevent it from broadcasting the Boston Marathon without a license. The BAA argued that Channel 5's use of the term 'Boston Marathon' violated federal trademark law, as it could confuse viewers about the source of the broadcast. The district court denied the BAA's request for a preliminary injunction, leading to an appeal. The BAA contended that it had invested significantly in promoting the marathon and had licensed another channel for broadcasting rights.

Issue

Did Channel 5's use of the term 'Boston Marathon' create a likelihood of consumer confusion that would warrant a preliminary injunction?

Rule

Trademark law prohibits unauthorized use of a trademark or service mark only when such use creates a likelihood of confusion regarding the source of goods or services. A plaintiff must demonstrate a likelihood of confusion to obtain a preliminary injunction under the Lanham Act.

Analysis

The court analyzed whether Channel 5's use of 'Boston Marathon' was likely to confuse viewers about the source of the broadcast. It found that the term was used descriptively to inform viewers about the event being broadcast, rather than as a trademark to suggest official sponsorship. The court noted that there was no evidence of intent to mislead viewers and that the use of the term did not imply a special relationship with the BAA.

Yet, we cannot find in the record before us sufficient evidence of relevant customer confusion, arising out of Channel 5's use of the words 'Boston Marathon,' to require the district court to issue the preliminary injunction that the appellants seek.

Conclusion

The court affirmed the district court's decision, concluding that there was insufficient likelihood of consumer confusion to justify a preliminary injunction against Channel 5.

The district court's denial of the motion for preliminary injunction is Affirmed.

Who won?

Channel 5 (WCVB-TV) prevailed in this case as the court found that their use of the term 'Boston Marathon' did not create a likelihood of confusion among viewers. The court emphasized that the term was used descriptively to inform the audience about the event being broadcast, rather than to imply any official endorsement or sponsorship from the BAA. The lack of evidence showing intent to mislead further supported Channel 5's position.

In our view, the district court's refusal to grant the preliminary injunction was lawful.

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