A skydiving school that operates as “Skydive Hawaii” can’t block a local rival from using the term to describe its services, the Ninth Circuit affirmed Friday.
Skydiving School Inc. can’t monopolize the term “Skydive Hawaii” to describe the service of skydiving in Hawaii, a panel of the US Court of Appeals for the Ninth Circuit said in an unsigned opinion. GoJump America LLC’s uses of the term constitute fair use given limited alternatives to concisely describe the service, the panel said as it affirmed a lower court’s finding.
The ruling noted that plaintiffs who identify their products with a …
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https://news.bloomberglaw.com/ip-law/skydive-hawaii-cant-block-non-trademark-use-9th-cir-affirms
