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VIACOM INC. v. INGRAM ENTERPRISES, INC.

Nos. 97-1950 and 97-2330

141 F.3d 886 (1998)

VIACOM INCORPORATED; Blockbuster Entertainment, Inc., Plaintiffs-Appellees/Cross Appellants, v. INGRAM ENTERPRISES, INC.; Blockbuster Fireworks, Inc.; Fireworks Supermarkets of America, Inc.; Blockbuster Fireworks of California, Inc., Defendants-Appellants/Cross Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 14, 1998.

Rehearing Denied May 29, 1998.

Attorney(s) appearing for the Case

Thomas Y. Auner, Springfield, MO, argued, for Defendants-Appellants/Cross Appellees.

Marcia B. Paul, New York City, argued (Gregory J. Ikonen, New York City, Arthur Smith, St. Louis, MO, on the brief), for Plaintiffs-Appellees/Cross Appellants.

Before BOWMAN, LOKEN, and HANSEN, Circuit Judges.

LOKEN, Circuit Judge.

Viacom Inc. and Blockbuster Entertainment, Inc. ("Viacom"), own many federally registered trademarks centered around the marks BLOCKBUSTER and BLOCKBUSTER VIDEO. The first mark was registered in 1986, and some are now incontestable under 15 U.S.C. § 1065. Viacom owns or franchises 4,500 Blockbuster Video and 500 Blockbuster Music stores. The BLOCKBUSTER marks are heavily advertised and promoted and are used on a wide variety of consumer...

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