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ICB Toll Free (800/888) News by: Judith Oppenheimer, President, ICB Toll Free (800/888) News
Saturday February 01 1997 at 03:08:37 PM EST

1 800 HOLIDAY Loses Trademark Battle

Supreme Court rules in favor of misdial marketer.

New York, New York US - On January 21, 1997 the Supreme Court refused to revive a lawsuit in which Holiday Inns Inc. accused a hotel-reservations company of infringing on its trademark, 1 800 HOLIDAY (Holidays Inns vs. 800 Reservation Inc., 96-783.)

The company, Call Management, uses 1 800 405-4320 (replacing the . O. , or 6, in HOLIDAY, with a . 0. ), so that misdialing callers reach Call Management. The company has captured calls representing $275,000 in bookings, and over $6,300 in commissions paid by Holiday Inns to Call Management.

A federal judge had ordered Call Management to stop using the 800 number, ruling that the firm was violating federal trademark law . in a most insidious and parasitic manner. , but the 6th U.S. Circuit Court of Appeals reversed the judge. s ruling and threw out the lawsuit, noting that Call Management had not promoted its similar vanity number, and that no unlawful infringement could occur without such promotion.

Author/Correspondent's Profile: Judith Oppenheimer, President, ICB Toll Free (800/888) News

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