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America Online, Inc. v. AT&T Corp.

United States Court of Appeals for the Fourth Circuit

243 F.3d 812 (2001)

Relevant factsFree

AOL (plaintiff) sued AT&T (defendant) for using "Buddy List," "You have Mail!," and "I M Here" in its competing internet service, after AOL had registered "Buddy List" with the PTO and used the other phrases for its own similar features; the district court granted AT&T summary judgment, finding all the marks generic.

IssueFree

Whether a functional use of words within the heartland of their common meaning and usage is protectable as a trademark.

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