Skydive Hawaii Must Share ‘Skydive Hawaii’ Phrase, Court Says

The Hawaiian owner of a “Skydive Hawaii” trademark registration can’t block competitors from using the term to describe its services, a Hawaii federal court said.

GoJump America LLC’s use of the term constitutes fair use because the phrase describes their businesses rather than to indicate who provides it, the US Court of Appeals for the District of Hawaii said. Skydiving School Inc., which operates as “Skydive Hawaii,” can’t monopolize the term given limited alternatives to concisely and accurately describe the service, the court said Wednesday.

The opinion granting the thrust of a motion to dismiss noted that “classic fair use” ...