'Duck Tours' Trademark Claim All Wet: 1st Circuit

Law360, New York (June 19, 2008, 12:00 AM EDT) -- Sightseeing vehicles that travel on land and water can legally be called “duck tours,” and no company can claim a trademark on the phrase, a federal appeals court has decided in a case involving dueling duck tour companies in Boston.

The case began last year, when Boston Duck Tours LP, which had taken tourists past Boston Common and onto the Charles River via World War II “duck boats” since 1994, sued upstart Super Duck Tours LLC for trademark infringement.

Two weeks after the suit was filed,...
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