Clark & Freeman Corp. v. Heartland Co., 811 F. Supp. 137 (1993) p.405

SUBJECT

abandonment

FACTS

Heartland Corp bought heartland name from Sears.

ISSUE

Whether the transfer of the name also was a transfer of goodwill. Have goodwill associated with women's boots, but now want to use it on men's boots. Does the goodwill associated with women's boots extend to men's boots when you use the Heartland mark?

HOLDING

There was no transfer of goodwill.

RATIONAL

The goods were not substantially similiar in this case. No ipso facto transfer of goodwill. Want to protect consumers from deception.

NOTES

Association of goodwill has to be goodwill where it was used, and to have effect upon transfer must be same or related market when new owner of trademark uses it.

Created on: Thursday, February 10, 2000 at 18:40:30 (PST)