descrybe logo
You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

American Express Travel Related Services Company, Inc., Plaintiff-Counter-Defendant-Appellee v. Accuweather, Inc., Defendant-Counter-Claimant-Appellant v. The Weather Channel, Inc., Counter-Defendant

Citations: 105 F.3d 863; 1997 U.S. App. LEXIS 3270Docket: 917

Court: Court of Appeals for the Second Circuit; February 13, 1997; Federal Appellate Court

Narrative Opinion Summary

AccuWeather, Inc. appeals a summary judgment from the District Court for the Southern District of New York, which ruled in favor of American Express Travel Related Services Company, Inc. regarding ownership of the "1-900-WEATHER" telephone number and associated mark. The court, presided over by Judge Robert W. Sweet, determined that these assets are the property of American Express. AccuWeather contests this finding, but the United States Court of Appeals for the Second Circuit, comprising Judges Oakes, Winter, and Cabranes, affirms the district court's ruling, largely adopting its reasoning as articulated in the earlier decision (849 F. Supp. 233, 239-40). The case emphasizes the legal principles surrounding ownership and rights to trademarks and service marks in the context of telephone services.

Legal Issues Addressed

Ownership of Telephone Numbers and Associated Marks

Application: The court determined that the ownership of the '1-900-WEATHER' telephone number and associated mark belongs to American Express, as ruled by the District Court.

Reasoning: The court, presided over by Judge Robert W. Sweet, determined that these assets are the property of American Express.

Summary Judgment Affirmation by Appellate Court

Application: The United States Court of Appeals for the Second Circuit affirmed the District Court's summary judgment in favor of American Express, adopting its reasoning.

Reasoning: AccuWeather contests this finding, but the United States Court of Appeals for the Second Circuit, comprising Judges Oakes, Winter, and Cabranes, affirms the district court's ruling, largely adopting its reasoning as articulated in the earlier decision (849 F. Supp. 233, 239-40).

Trademark and Service Mark Rights in Telephone Services

Application: The case highlights the legal principles and rights concerning trademarks and service marks within the context of telephone services.

Reasoning: The case emphasizes the legal principles surrounding ownership and rights to trademarks and service marks in the context of telephone services.