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UNITED STATES JAYCEES v. PHILADELPHIA JAYCEES

No. 80-1201.

639 F.2d 134 (1981)

UNITED STATES JAYCEES, a non-profit Missouri Corporation, and Pennsylvania Junior Chamber of Commerce, a non-profit Pennsylvania Corporation, Appellants, v. PHILADELPHIA JAYCEES, a non-profit Pennsylvania Corporation.

United States Court of Appeals, Third Circuit.

Decided January 30, 1981.

Rehearing Denied March 4, 1981.

Attorney(s) appearing for the Case

Robert B. Washburn, Rosemary M. Miano, Woodcock, Washburn, Kurtz, Mackiewicz & Norris, Patrick J. Broderick, Broderick & Karaszkiewicz, Philadelphia, Pa., Carl D. Hall (argued), Hall, Sublett, McCormick & Andrew, Paul H. Johnson, Head & Johnson, Tulsa, Okl., for appellants.

Bruce A. Cohen (argued), Dechert Price & Rhoads, Philadelphia, Pa., for appellee.

Before GIBBONS and ROSENN, Circuit Judges, and WEBER, District Judge.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal raises the question of whether a subordinate chapter of a national organization may continue to use the national organization's trademark after the subordinate's disaffiliation without violating the Trademark Act of 1946 (Lanham Act), 15 U.S.C. §§ 1051-1127 (1976). The United States Jaycees (the National) instituted a trademark action in the United States District Court for the Eastern District...

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