Emergency One, Inc. v. American FireEagle, Ltd.

After E-One (plaintiff) stopped manufacturing firetrucks bearing the American Eagle trademark in 1992, continuing to use the mark only on promotional items like t-shirts, a former employee later formed FireEagle (defendant), which adopted a strikingly similar eagle-and-flag mark; E-One sued for infringement, FireEagle countered that E-One had abandoned the mark through three-plus years of non-use on actual firetrucks, and the jury, under instructions that an intent to resume use defeated abandonment and that non-token use must be in the ordinary course of trade, found for E-One.