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PREFERRED RISK MUT. INS. CO. v. U.S.

No. 95-3104.

86 F.3d 789 (1996)

PREFERRED RISK MUTUAL INSURANCE COMPANY, Appellee, v. UNITED STATES of America, Appellant, International Trademark Association, Amicus Curiae.

United States Court of Appeals, Eighth Circuit.

Decided June 13, 1996.

Attorney(s) appearing for the Case

Sean A. Lev, U.S. Dept. of Justice, Washington, DC, argued (Mark B. Stern, on the brief), for appellant.

Edmund J. Sease, Des Moines, Iowa, argued (Heidi Sease Nebel, on the brief), for appellee.

Before WOLLMAN, HEANEY, and MAGILL, Circuit Judges.

HEANEY, Circuit Judge.

Holding that a federal agency's use of the term "Preferred Risk" in conjunction with its flood insurance applications infringed upon an insurance company's trademark and was without a rational basis, the United States District Court for the Southern District of Iowa enjoined the agency from further use. Because we hold that the Lanham Act does not apply to the federal government, we reverse and vacate the district court's decision.

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