Park 'N Fly, Inc. v. Dollar Park and Fly, Inc.

Dollar Park and Fly, Inc. (Dollar) appeals from a judgment of the district court upholding the validity of the service marks registered by Park ’N Fly, Inc. (Park ’N Fly) and enjoining Dollar’s use of the. name “Park and Fly.” We conclude that although there is insufficient evidence to invalidate Park ’N Fly’s service marks, Park ’N Fly is not entitled to the injunctive relief given by the district court.

Park ’N Fly and Dollar both operate long term parking lots near airports and provide shuttle bus service to and from the airport terminals. Park ’N Fly has been in business since 1967 and has operations in St. Louis, Cleveland, Boston, Atlanta, Houston, Memphis, and San Francisco. Dollar has been in business since 1973 and operates only in Portland, Oregon.

In 1969 Park ’N Fly filed with the U.S. Patent and Trademark Office an application for registration of a service mark consisting of an airplane logo and the words “Park ’N Fly.” The registration issued as Registration No. 919,591 in 1971, and Park ’N Fly obtained incontestable status for the mark in 1977. Later in 1977 Park ’N Fly filed an application for registration of a service mark consisting solely of the words “Park ’N…