VISITING NURSE ASS'N, ST. LOUIS v. VNAHEALTHCARE

No. 02-4150.

347 F.3d 1052 (2003)

VISITING NURSE ASSOCIATION, ST. LOUIS; Visiting Nurse Association of Greater St. Louis, formerly known as Visiting Nurse Association Home Health Care; Visiting Nurse Association Hospice Care; VNA Services Corporation, Appellants, v. VNAHEALTHCARE, INC.; VNA Homecare, Inc.; Visiting Nurses Hospice; VNA Privatecare, Inc.; VNA Private Duty, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: October 27, 2003.


Attorney(s) appearing for the Case

Thomas M. Blumenthal, argued, St. Louis, MO, for appellant.

John M. Hessel, St. Louis, MO, (Benjamin A. Lipman, on the brief), for appellee.

Before MORRIS SHEPPARD ARNOLD, BEAM, and BYE, Circuit Judges.


MORRIS SHEPPARD ARNOLD Circuit Judge.

The Visiting Nurse Association of St. Louis (VNASL) appeals from a judgment denying its prayer for an injunction on various state claims of trade name infringement against VNAHealthcare, Inc. (VNAH). The district court denied relief after finding that the asserted trade name was generic and therefore not legally protected. Before this ruling, the district court refused VNASL's request to enforce a purported settlement agreement...

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