Summary
reversing grant of preliminary injunctive relief that prevented defendants from using the mark "urgent care"; although "UrgiCare" mark was protectable, "urgent care" was a generic term, and plaintiffs could not "prevent use of the term by registering a similar-sounding, but differently spelled mark"
Summary of this case from K&F Rest. Holdings, Ltd. v. RouseOpinion
No. 08-60155 Summary Calendar.
August 13, 2008.
Shirlee F. Baldwin, Brandon L. Brooks, for Defendants-Counter-Claimants-Appellants.
Nathan L. Clark, III, Clark Clark, Hattiesburg, MS, for Plaintiffs-Counter-Defendants-Appellees/Counter-Defendant-Appellee.
Appeal from the United States District Court for the Southern District of Mississippi, USDC No. 1:07-CV-138.
Before JOLLY, BENAVIDES, and HAYNES, Circuit Judges.