Robert Nmi Murray, Dba: America Speaks v. Cable National Broadcasting Company, Dba: America's Talking

Robert Murray (“Murray”) contends CNBC, Inc. (“CNBC”) improperly infringed on Ms registered trademark “America Speaks” by conducting opirnon polling through its cable network “America’s Talking.” The district court dismissed Murray’s complaint for trademark infringement, false designation of origin and unfair competition. We affirm.

BACKGROUND

Murray videotapes “man-on-the-street” surveys for business clients. He has conducted surprise supermarket interviews for Maxwell House instant coffee and performed consumer surveys as the “Shell Question Man.” Murray alleges he obtained a federal service mark registration for “America Speaks” and has operated Ms market research business under that name since October, 1992.

In July 1994, CNBC commenced a cable television network entitled “America’s Talking.” Murray contends the America’s Talking network conducts interactive national polling surveys and distributes survey data to the news media. Although Murray has not conducted any interactive surveys, he claims he will in the future under the name “America Speaks” and had planned to do so prior to CNBC’s use of interactive polling on America’s Talking. Murray contends CNBC’s use of…