AM. BD. OF PSYCHIATRY & NEUROLOGY v. JOHNSON-POWELL

No. 97-1289.

129 F.3d 1 (1997)

AMERICAN BOARD OF PSYCHIATRY AND NEUROLOGY, INC., Plaintiff, Appellant, v. Gloria JOHNSON-POWELL, M.D., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided October 23, 1997.


Attorney(s) appearing for the Case

Roibin J. Ryan with whom Christopher B. Sullivan, Kirkland & Ellis, Chicago, IL, Richard S. Nicholson, and Cooke, Clancy & Gruenthal, L.L.P., Boston, MA, were on brief for appellant.

Alice E. Richmond, with whom Ann Pauly and Richmond, Pauly & Ault LLP, Boston, MA, were on brief for appellee.

Before STAHL, Circuit Judge, CAMPBELL and BOWNES, Senior Circuit Judges.


LEVIN H. CAMPBELL, Senior Circuit Judge.

Plaintiff American Board of Psychiatry and Neurology, Inc. ("ABPN") appeals from the district court's denial of a preliminary injunction to order Dr. Gloria Johnson-Powell to desist from infringing its certification mark. ABPN had alleged in its complaint that Dr. Johnson-Powell had falsely claimed, both under oath and on her curriculum vitae, that she was ABPN-certified, in violation of the Trademark Act of 1946, 15 U.S.C...

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