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HOLIDAY INNS, INC. v. 800 RESERVATION, INC.

Nos. 94-6257, 94-6326, 94-6328 and 94-6365.

86 F.3d 619 (1996)

HOLIDAY INNS, INC. (94-6365), Plaintiff-Appellee, Cross-Appellant, v. 800 RESERVATION, INC. (94-6326), Earthwinds Travel, Inc. (94-6328), and Call Management Systems, Inc. (94-6257), Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 24, 1996.

Attorney(s) appearing for the Case

D. Michael Swiney, Thomas A. Bickers, and Andrew R. Tillman (argued and briefed), Paine Swiney & Tarwater, Knoxville, TN, for plaintiff-appellee, cross-appellant.

Andrew C. Troutman, O'Neil, Parker & Williamson, Knoxville, TN, Robert M. Newbury (argued and briefed), Kimberly White Alcantara (briefed), Pattishall, McAuliffe, Newbury, Hillard & Geraldson, Chicago, IL, Herbert S. Moncier (briefed), Knoxville, TN, and David T. Black, Kizer & Black, Maryville, TN, for defendants-appellants, cross-appellees.

Before: BOGGS and DAUGHTREY, Circuit Judges; McKEAGUE, District Judge.

DAUGHTREY, Circuit Judge.

Holiday Inns, Inc., filed this Lanham Act suit against the defendants, alleging unfair competition and infringement of its trademark telephone number, 1-800-HOLIDAY, known as a "vanity number." The defendants, Call Management Systems, Inc. (a consulting firm that obtains and services 1-800 telephone numbers for businesses), 800 Reservations, Inc. (an agency that makes reservations for a number of hotel chains, including Holiday Inns), and...

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