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VAIL ASSOCIATES, INC. v. VEND-TEL-CO., LTD.

No. 05-1058.

516 F.3d 853 (2008)

VAIL ASSOCIATES, INC., and Vail Trademarks, Inc., Plaintiffs-Appellants, v. VEND-TEL-CO., LTD., and Eric A. Hanson, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 7, 2008.

Attorney(s) appearing for the Case

Glenn K. Beaton (Stephen C. McKenna with him on the briefs), Gibson, Dunn & Crutcher, L.L.P., Denver, Colorado, for Plaintiffs-Appellants.

Luke Santangelo, Santangelo Law Offices, P.C. (Kay L. Collins, Santangelo Law Offices, P.C., and Thomas R. French, Thomas R. French, P.C., with him on the brief), Fort Collins, Colorado, for Defendants-Appellees.

Before BRISCOE, BALDOCK, and TYMKOVICH, Circuit Judges.

BALDOCK, Circuit Judge.

This service mark infringement case is about the use of a purely descriptive term, "Ski," in conjunction with a geographically descriptive term, "Vail," or more precisely, "Ski Vail." Plaintiff Vail Associates (VA), owner of the Vail Ski Resort, has a registered incontestable service mark in the latter, but not the former term.1 VA's service mark registration describes...

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