The International Association of MacHinists and Aerospace Workers, Afl-Cio v. Winship Green Nursing Center

103 F.3d 196, 41 U.S.P.Q. 2d (BNA) 1251, 1996 U.S. App. LEXIS 33857, 1996 WL 733355
CourtCourt of Appeals for the First Circuit
DecidedDecember 30, 1996
Docket96-1206
StatusPublished
Cited by305 cases

This text of 103 F.3d 196 (The International Association of MacHinists and Aerospace Workers, Afl-Cio v. Winship Green Nursing Center) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
The International Association of MacHinists and Aerospace Workers, Afl-Cio v. Winship Green Nursing Center, 103 F.3d 196, 41 U.S.P.Q. 2d (BNA) 1251, 1996 U.S. App. LEXIS 33857, 1996 WL 733355 (1st Cir. 1996).

Opinions

SELYA, Circuit Judge.

In this eccentric case, the International Association of Machinists and Aerospace Workers (IAM or Union) charged an employer, Winship Green Nursing Center (Win-ship), with violating the Lanham Act, 15 U.S.C. §§ 1051-1127 (1994), through its unauthorized use of a service mark on propaganda disseminated during a union organizing campaign.1 The district court granted Winship’s motion for brevis disposition, reasoning that the Union’s claim failed to satisfy the Lanham Act’s jurisdictional requirements because (1) the parties were not competing for the sale of commercial services, and (2) Winship’s admittedly unauthorized use of the mark was in connection with services offered by the markholder rather than services offered by the infringer. See International Ass’n of Machinists v. Winship Green Nursing Ctr., 914 F.Supp. 651, 655-56 (D.Me. 1996). The Union appeals. We affirm, albeit on a different ground.

I. BACKGROUND

We present the basic facts in the light most flattering to the party vanquished by summary judgment. All the relevant events occurred in 1994, and all dates refer to that year.

A

In May the Union mounted a campaign to organize the nonprofessional employees at Winship’s facility in Bath, Maine. Not surprisingly, management resisted this initiative and exhorted the affected employees to vote against IAM’s election as a collective bargaining representative. As part of its retort Winship hand-delivered two pieces of campaign literature to employees in the putative bargaining unit. These handouts form the basis for IAM’s lawsuit.

1. The First Flier. In July Winship distributed a three-page flier, the first page of which asks rhetorically:

WHAT WOULD YOU DO IF YOU GOT THE ATTACHED LETTERS?
WOULD YOU BE ABLE TO FIND ANOTHER JOB?
HOW WOULD YOU PAY YOUR BILLS? WOULD YOU WISH THAT THE MACHINISTS UNION HAD NEVER GOTTEN IN AT WINSHIP GREEN?

The flier then advises recipients that “IT’S NOT TOO LATE” and implores them to “GIVE [certain named managers] A CHANCE” by “VOT[ING] NO ON AUGUST 4.” The letters, addressed individually to particular employees and dated one year after the scheduled election, comprise the second and third pages of the flier. One letter purports to be written on the Union’s [199]*199letterhead, complete with a reproduction of the IAM service mark (consisting of a set of machinist’s tools surrounded by a gear and the IAM name)2 and the facsimile signature of an IAM plenipotentiary, Dale Hartford. This missive suggests that the Union had notified Winship of its obligation, pursuant to an invented collective bargaining agreement, to terminate the recipient’s employment because of her failure to pay certain assessments (e.g., union dues and an initiation fee). The other epistle, signed by Winship’s director of operations, is also postdated. It acknowledges Winship’s receipt of the notice and professes to inform the addressee that the company must honor the Union’s request.

2. The Second Flier. The remaining piece of campaign literature, disseminated by Winship a few days before the election, urges the reader to vote against unionization and warns that union membership will bring significant financial burdens. This flier contains a simulated invoice inscribed on what purports to be IAM’s letterhead (and which bears the IAM service mark). Under a heading that reads “PAYABLE TO THE MACHINISTS UNION BY [employee’s name]”, the invoice lists amounts designated as union dues, an initiation fee, and fines.3 Commentary, undiluted by subtlety, accompanies this listing: “NO MATTER WHAT THE UNION HAS TOLD YOU — JUST ASK THE EMPLOYEES AT LOURDES HOSPITAL” AND “JUST ASK THE 13 EMPLOYEES AT GENERAL ELECTRIC IN SOUTH PORTLAND WHO WERE FINED FOR CROSSING THE PICKET LINE THERE.” Large, bold letters at the bottom of the invoice proclaim: ‘WITHOUT THE MACHINISTS UNION, DO NOT PAY THIS BILL.”

Notwithstanding Winship’s tactics — or, perhaps, due to them — the employees chose IAM as their collective bargaining representative in the August 4 election.

B

The Union proved to be a sore winner. It soon filed suit against Winship alleging inter alia trademark infringement and unfair competition under the Lanham Act.4 The Union premised its federal claims on the theory that Winship’s unauthorized use of the registered service mark occurred “in connection with ... services,” namely, IAM’s representational services, and thereby transgressed sections 32(1) and 43(a) of the Lanham Act. See 15 U.S.C. §§ 1114(l)(a) & 1125(a) (quoted infra note 5). The district court rejected this theory for the reasons previously mentioned. See IAM, 914 F.Supp. at 655-56. This appeal followed.

II. THE SUMMARY JUDGMENT STANDARD

Though the case is unconventional the- generic legal standard that we must apply-is prosaic. Summary judgment is appropriate in trademark infringement cases, as elsewhere, “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Boston Athletic Ass’n v. Sullivan, 867 F.2d 22, 24 (1st Cir.1989) (quoting Fed.R.Civ.P. 56(e)). Generally speaking, a fact is “material” if it [200]*200potentially affects the outcome of the suit, see Garside v. Osco Drug, Inc., 895 F.2d 46, 48 (1st Cir.1990), and a dispute over it is “genuine” if the parties’ positions on the issue are supported by conflicting evidence, see Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986). While an inquiring court is constrained to examine the record in the light most favorable to the summary judgment opponent and to resolve all reasonable inferences in that party’s favor, see Hachikian v. FDIC, 96 F.3d 502, 504 (1st Cir.1996), defeating a properly documented motion for summary judgment requires more than the jingoistic brandishing of a cardboard sword. This is especially true in respect to claims or issues on which the nonmovant ■ bears the burden of proof; in such circumstances she “must reliably demonstrate that specific facts sufficient to create an authentic dispute exist.” Garside, 895 F.2d at 48; see also Anderson, 477 U.S. at 256, 106 S.Ct. at 2514.

We review, de novo the district court’s grant of summary judgment. See Mack v. Great Atl. & Pac. Tea Co., 871 F.2d 179, 181 (1st Cir.1989). Moreover, an appellate tribunal-is not bound by the lower court’s rationale but may affirm the entry of judgment on any independent ground rooted in the record. See, e.g., Hachikian, 96 F.3d at 504; Garside, 895 F.2d at 49.

III. ANALYSIS

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103 F.3d 196, 41 U.S.P.Q. 2d (BNA) 1251, 1996 U.S. App. LEXIS 33857, 1996 WL 733355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-international-association-of-machinists-and-aerospace-workers-afl-cio-ca1-1996.