AMERICAN HERITAGE LIFE INS. CO. v. HERITAGE LIFE INS. CO.

No. 73-1106.

494 F.2d 3 (1974)

AMERICAN HERITAGE LIFE INSURANCE COMPANY, Plaintiff-Appellant-Cross Appellee, v. HERITAGE LIFE INSURANCE COMPANY, Defendant-Appellee-Cross Appellant.

United States Court of Appeals, Fifth Circuit.

May 13, 1974.


Attorney(s) appearing for the Case

Murray Robinson, David Alan Rose, Maynard A. Powell, Houston, Tex., Nelson M. Harris, Jr., Jacksonville, Fla., for plaintiff-appellant.

Jack C. Goldstein, John F. Lynch, Houston, Tex., for defendant-appellee.

Before THORNBERRY, GODBOLD and CLARK, Circuit Judges.


THORNBERRY, Circuit Judge:

Fundamentally, this appeal turns on the labels which the law of service marks and unfair competition ascribes to a single word. Unfortunately, the law is sometimes confusing, and consequently, the parties to this suit have been in legal combat for years in an attempt to convince the courts that the word means what each wants it to mean. Both parties have appealed from the decision of the district court because neither is entirely satisfied...

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