Four Winds Travel, Inc. v. Harold Jovien, Individually and D/B/A Four Winds Travel Service

Four Winds Travel, Inc., plaintiff below and appellant here, sought to obtain an injunction, an accounting, and damages for trade mark infringement of appellant’s service mark, “FOUR WINDS”, used to advertise and promote its travel service business, and for unfair competition in the use by appellees of the words Four Winds in promoting and conducting their travel service business. Harold Jo-vien, individually and d/b/a Four Winds Travel Service, defendants below and ap-pellees here, counterclaimed seeking an accounting, damages and an injunction restraining appellant’s use of its service mark “FOUR WINDS” and name in the State of California.

The District Court denied any relief to either party and dismissed appellant’s complaint and appellees’ counterclaim.

Appellant appeals from the judgmbnt entered by the District Court. No cross appeal was taken by appellees.

The District Court had jurisdiction under 15 U.S.C. § 1121 , 28 U.S.C. § 1332 and 28 U.S.C. § 1338 . This court has jurisdiction under 28 U.S.C. § 1291 and 15 U.S.C. § 1121 .

Included in the findings of fact, the District Court among other matters found:

Plaintiff has used “FOUR WINDS TRAVEL, INC.” openly,…