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Park 'N Fly, Inc. v. Dollar Park and Fly, Inc.

United States Supreme Court

469 U.S. 189 (1985)

Relevant factsFree

Park 'N Fly obtained incontestable status for its "Park 'N Fly" airport parking service mark after five years of continuous registered use, and when it sued competitor Dollar Park and Fly for infringement, Dollar Park defended on the ground that the mark was merely descriptive and counterclaimed to cancel the registration.

IssueFree

Whether an action to enjoin the infringement of an incontestable trade or service mark can be defended on the grounds that the mark is merely descriptive.

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