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RAXTON CORP. v. ANANIA ASSOC., INC.

No. 80-1159.

635 F.2d 924 (1980)

RAXTON CORPORATION, d/b/a Off the Rax, Plaintiff, Appellee, v. ANANIA ASSOCIATES, INC., d/b/a Off the Rack, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 11, 1980.

Attorney(s) appearing for the Case

Steven J. Henry, Boston, Mass., with whom John F. McKenna, and Cesari & McKenna, Boston, Mass., were on brief, for defendant, appellant.

Henry C. Nields, Boston, Mass., with whom David A. Tucker, and Russell & Nields, Boston, Mass., were on brief, for plaintiff, appellee.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, KEETON, District Judge.

COFFIN, Chief Judge.

This appeal concerns the geographic scope of trademark protection accorded to a plaintiff in the absence of state or federal trademark registration. At issue is the vitality and dimension of the doctrine of the "zone of natural business expansion."1 That doctrine is said to grant the owner of a trademark the right to obtain legal relief against a geographically distant party that subsequently adopts a confusingly similar...

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