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BLUE CROSS AND BLUE SHIELD ASSOCIATION v. AMERICAN EXPRESS COMPANY

No. 05-4004.

467 F.3d 634 (2006)

BLUE CROSS AND BLUE SHIELD ASSOCIATION, Plaintiff-Appellant v. AMERICAN EXPRESS COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 30, 2006.

EASTERBROOK, Circuit Judge.

For many years, American Express has offered credit cards in the color of money. When it added a blue card during the 1990s, trademark litigation erupted. The Blue Cross and Blue Shield Association uses a blue card (with a registered "Blue Card" service mark) for its insurance and related health-care products; it maintained that American Express's blue card would be confused with its offerings. A settlement was reached in 2000: American...

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