United States Eleventh Circuit

In a trademark infringement action where the district court issued a permanent injunction prohibiting "Angel Flight America" and affiliates from using the "Angel Flight" mark in a number of southern states for certain business purposes, the judgment is affirmed where the district court did not err in: 1) ruling that the defendant infringed plaintiff's common law trademark rights by using the mark in a manner that created a substantial risk of confusion; 2) ruling that plaintiff had not acquiesced to defendant's infringing use and was not estopped by laches from enforcing its common law rights in the mark; 3) issuing an injunction which was tailored to protect plaintiff's rights and prevent the public from confusion; and 4) cancelling a trademark on the ground that the registration had been obtained through fraud.

Appellate Information

• Decided 04/04/2008
• Published 04/04/2008

Judges

• BLACK, Circuit Judge:, Before ANDERSON, BLACK and HILL, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Ryan Tyler Pumpian, Powell Goldstein, LLP, Atlanta, GA, Bruce H. Little, Lindquist & Vennum, PLLP, Minneapolis, MN, for Appellants.


• For Appellees:
  
• William B. Smith, Anne Moody Johnson, Jones Day, Atlanta, GA, for Plaintiff-Appellee.