Boston’s Own “Duck Tours” Trademark Case

The First Circuit has ruled that a lower federal district court erred in concluding that the term “duck tour,” with respect to a sightseeing tour conducted on an amphibious vehicle, is not generic.  The court also ruled that the lower court erred in ruling that the defendant amphibious tour company’s logo (“Super Duck Tours” in Portland, Maine) is likely to cause confusion with the plaintiff’s design mark. (Boston’s Duck Tours) Boston Duck Tours LP v. Super Duck Tours LLC, 1st Cir., No. 07-2078.

This decision, and many other First Circuit decisions, is available at the First Circuit’s Opinions page.