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ACTION TEMPORARY SERVICES v. LABOR FORCE, INC.

No. 88-1446.

870 F.2d 1563 (1989)

ACTION TEMPORARY SERVICES, INC., Appellant, v. LABOR FORCE, INC., Appellee.

United States Court of Appeals, Federal Circuit.

March 23, 1989.

Attorney(s) appearing for the Case

J. Rodman Steele, Steele, Gould & Fried, Philadelphia, Pa., argued for appellant. With him on the brief was Gregory A. Nelson.

Jonathan E. Jobe, Jr., Hubbard, Thurman, Turner & Tucker, Dallas, Tex., argued for appellee. With him on the brief was Molly Buck Richard.

Before RICH, SMITH and NEWMAN, Circuit Judges.

EDWARD S. SMITH, Circuit Judge.

In this concurrent use proceeding, the United States Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (board) granted summary judgment in favor of Labor Force, Inc. (Labor), holding that, as a matter of law, Action Temporary Services, Inc. (Action), was not a concurrent lawful user of the service mark LABOR FORCE within the meaning of section 2(d) of the Lanham Act.1 We reverse that judgment...

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