National Association for Healthcare Communications, Inc. v. Central Arkansas Area Agency on Aging, Inc.
United States Court of Appeals for the Eighth Circuit
257 F.3d 732 (2001)
Healthcom (plaintiff) began marketing emergency-response services under the unregistered mark 'CareLink' in Arkansas in 1992, but made only one sale in the state through late 1995 before acquiring 350 subscribers between then and 1999; unaware of Healthcom's use, Central Arkansas Area Agency on Aging (defendant) registered and began using the same 'CareLink' mark in early 1995 in a six-county region where Healthcom had no clients, and after both parties later became aware of the overlap, Healthcom sued for infringement. The district court held Central Arkansas held prior rights in its six-county region and, because it had registered the mark statewide, also barred Healthcom from using the mark anywhere in Arkansas; Healthcom appealed.
Whether, for an unregistered trademark, a first user may prevent a later user's good-faith use of that mark in a geographic area where the first user's products are not sold.