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COMMERCIAL SAV. v. HAWKEYE FEDERAL SAV.

No. 97-771.

592 N.W.2d 321 (1999)

COMMERCIAL SAVINGS BANK, Appellant, v. HAWKEYE FEDERAL SAVINGS BANK, Defendant, and Commercial Federal Bank, Appellee.

Supreme Court of Iowa.

Rehearing Denied April 16, 1999.

Attorney(s) appearing for the Case

Michael G. Voorhees and Jeffrey D. Harty of Zarley, McKee, Thomte, Voorhees & Sease, Des Moines, for appellant.

Bruce D. Vosburg, William Jay Riley and Michael J. Leahy of Fitzgerald, Schorr, Barmettler & Brennan, P.C., Omaha, Nebraska, and James R. Van Dyke and John C. Werden, Jr., of Van Dyke & Werden, P.C., Carroll, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, CARTER, NEUMAN and CADY, JJ.

McGIVERIN, Chief Justice.

Plaintiff, Commercial Savings Bank, appeals from a district court ruling denying its request for injunctive and declaratory relief concerning its common-law trademark infringement claim. In the district court, Commercial Savings Bank asserted that it had a trademark in the name COMMERCIAL and its variants, and thus had the right to enjoin defendant Commercial Federal Bank from using the name COMMERCIAL...

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