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NATIONAL ASS'N FOR HEALTH. COMM. v. C. AR. AAA.

No. 00-1964.

257 F.3d 732 (2001)

NATIONAL ASSOCIATION FOR HEALTHCARE COMMUNICATIONS, INC., Plaintiff-Appellant, v. CENTRAL ARKANSAS AREA AGENCY ON AGING, INC., et al., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 11, 2001.

Attorney(s) appearing for the Case

Gary N. Speed, argued, Little Rock, AR, for Plaintiff-Appellant.

John Hermann Ivester, argued, Little Rock, AR (Overton S. Anderson and Scott D. Provencher, on the brief), for Defendants-Appellees.

Before LOKEN and BYE, Circuit Judges, and SACHS, District Judge.

LOKEN, Circuit Judge.

This is an action under the Lanham Act and state law to determine which party has the superior right to use the service mark "CareLink" in Arkansas. The National Association for Healthcare Communications, Inc. ("Healthcom") was the first to use the mark nationally. It has a federal service mark registration pending but must rely in this case on its common law trademark rights as enforced under the Lanham Act. See 15 U.S.C. § 1125...

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