Clark & Freeman Corp. v. Heartland Co. Ltd.
United States District Court for the Southern District of New York
811 F. Supp. 137 (1993)
Relevant factsFree
Defendant began using "Heartland" for its clothing line in 1985; plaintiff began using the same name for men's footwear in 1986. In 1987, Sears assigned plaintiff its rights to "Heartland," which Sears had used since 1983 on women's boots. Plaintiff later expanded into clothing under the name and sued defendant to establish priority, relying on Sears's earlier 1983 use date via the assignment.
IssueFree
Whether an assignment of a trademark is valid when the assignee's product is not substantially similar to the assignor's product using the mark.