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ARTICLE · 04 DECEMBER 2018

Eagle Mark Soars To Injunction Against Identical "Hawk" Logo

Addressing whether the district court correctly found a likelihood of confusion as a matter of law between two "identical" logos arranged around a stylized bird, the US Court of Appeals...

United StatesIntellectual Property

Addressing whether the district court correctly found a likelihood of confusion as a matter of law between two "identical" logos arranged around a stylized bird, the US Court of Appeals for the Fifth Circuit affirmed the district court's grant of summary judgment and upheld as modified an injunction prohibiting use of the infringing logo. Alliance for Good Gov't v. Coalition for Better Gov't, Case No. 17-30859 (5th Cir. Aug. 22, 2018) (Duncan, J).

The Alliance for Good Government and the Coalition for Better Government are both nonprofit civic organizations that operate in New Orleans, Louisiana, and endorse candidates for office. In 1969, the Alliance created its logo, a design with its name in blue type on a rectangular white background arranged around an eagle. The Coalition's logo, adopted decades later, features a design with the Coalition's name in white type on a rectangular blue background arranged around a hawk. As the Fifth Circuit aptly recognized,

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