SECURITY CENTER, LTD. v. FIRST NAT. SEC. CENTERS

No. 84-3120.

750 F.2d 1295 (1985)

SECURITY CENTER, LTD. A Louisiana Corporation, SCL Limited Partnership Through Its General Partner The Security Center, Ltd., Plaintiffs-Appellees, v. FIRST NATIONAL SECURITY CENTERS, A Joint Venture, Donna C. Richards, Charles P. Stroble, Jeffrey L. Saus, Louis A. Rubenstein, John W. Godsey, Winston R. Youngblood, Virgil E. Morris, Jr., Albert L. Diaz, Dewey M. Metts, and William H. Richards, Individually and as Joint Venturers, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 27, 1985.


Attorney(s) appearing for the Case

Barham & Churchill, Charles F. Thensted, New Orleans, La., for defendants-appellants.

Liskow & Lewis, Julie E. Schwartz, New Orleans, La., Hopgood, Calimafde, Kalil, Blaustein & Judlowe, Paul T. Meiklejohn, New York City, for plaintiffs-appellees.

Before REAVLEY, TATE and HILL, Circuit Judges.


REAVLEY, Circuit Judge:

This case involves the susceptibility to trademark protection of the phrase "security center," when used in reference to a business housing private storage vaults. The business in question also includes pick-up and delivery services, leasing office space, and mail services.

The primary issue is whether the mark "security center" is so distinctive as to be protected under trademark law. The...

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