American Express Travelv.Accuweather, Inc.

United States Court of Appeals, Second CircuitFeb 14, 1997
Nos. 917, 96-7789 (2d Cir. 1997)
Nos. 917, 96-7789105 F.3d 863

Nos. 917, 96-7789.

Argued: February 6, 1997.

Decided: February 14, 1997.

Thomas A. Beckley, Beckley Madden, Harrisburg, PA (John G. Milakovic, Charles O. Beckley, Dennis B. Frind, of counsel) for Defendant-Counter-Claimant-Appellant.

Richard Z. Lehv, Weiss Dawid Fross Zelnick Lehrman, New York City, (Gregory P. Gulia, of counsel), for Plaintiff-Counter-Defendant-Appellee.

Appeal from an order of the District Court for the Southern District of New York (Robert W. Sweet, Judge) granting summary judgment in favor of American Express on its claim of ownership of the "1-900-WEATHER" telephone number and mark associated with American Express's audio-text telephone service. We affirm.

Before: OAKES, WINTER, and CABRANES, Circuit Judges.

AccuWeather, Inc. appeals from Judge Sweet's order granting summary judgment on behalf of American Express Travel Related Services Company, Inc. ("American Express"). AccuWeather challenges, in particular, the district court's finding that the mark "1-900-WEATHER" and its underlying telephone number are the property of American Express. We affirm substantially for the reasons stated by the district court. See American Express Travel Related Services Co., Inc. v. AccuWeather, Inc., 849 F. Supp. 233, 239-40 (S.D.N.Y. 1994).