Packman v. Chicago Tribune Co.
United States Court of Appeals for the Seventh Circuit
267 F.3d 628 (2001)
Packman (plaintiff) trademarked "the joy of six" for football and basketball entertainment services after using it for small private gatherings, but the Chicago Tribune (defendant) independently used the phrase in a banner headline celebrating the Bulls' sixth championship, then reproduced its entire front page (including that headline, under its own masthead) onto memorabilia, as it traditionally did with major historical front pages, without editorial input on the exact headline wording. Packman sued for trademark infringement eighteen months later, and the trial court granted the Tribune summary judgment based on a fair-use defense; Packman appealed.
Whether a defendant asserting a fair-use defense to trademark infringement must show its use was non-trademark in nature, merely descriptive, and made in good faith.