Eleventh Circuit Rules Use of Trademarked Perforated Border on Postage Stamp Cards Was Descriptive and a Fair Use

What They Were Fighting About: International Stamp Art had a registered, incontestable trademark for the display of perforated borders in connection with greeting cards that resembled postal stamps. The US Postal Service began to sell cards with reproductions of stamps, and in some cases showed the perforations on the stamps. The district court granted summary judgment for the Postal Service, finding fair use of the trademark.

Eleventh Circuit : The evidence supported a finding that the USPS did not intend to mislead or confuse customers. The USPS included its trademark eagle on its products, ensuring that customers understood the source. The fact that USPS could have chosen not to market its stamps as art was not an alternative that demonstrated bad faith. USPS was not required to consult with counsel before selling its cards, and mere knowledge of plaintiff’s mark did not demonstrate the absence of good faith.

More from IP Law Observer or Case: International Stamp Art v. US Postal Service (11th Cir. 7/18/06 - No. 05-13492)

Related link: Stamp Dispute Lands at 11th Circuit