International Armor and Limousine Co. v. Moloney Coachbuilders, Inc.

District court lacked subject matter jurisdiction over trademark dispute where claims of business seller and buyer arose from sales contract, not Lanham Act.

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The full case caption appears at the end of this opinion.

Easterbrook, Circuit Judge. Earle F.Moloney owes his fame and fortune tosuccess in the limousine, armored car,and custom auto rebuilding business. In1986 he sold his limousine assets,together with the name “Moloney CoachBuilders”, to Jacques Moore, whoincorporated Moloney Coachbuilders, Inc.,to carry on the business. Earle agreednot to compete for five years in thestretch limousine business but reservedthe right to make armored limousines andcustom vehicles extended by less than 20inches. Disputes ensued. Earle Moloneycontended that Moloney Coachbuilders hadacquired the right to use “Moloney CoachBuilders” as a corporate name but not asa trademark for its products; Earle alsocontended that he, rather than MoloneyCoachbuilders, retained the business’scorporate history (such as the right tosay “in business since 1969″ and to bragabout limousines made for heads ofstate). Litigation ensued, a judgeresolved several issues on the pleadings,see Moloney v. Centner, 727 F. Supp. 1232(N.D. Ill. 1989), and the rest weresettled in 1990, with MoloneyCoachbuilders prevailing on all centralissues.

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International Armor and Limousine Co. v. Moloney Coachbuilders, Inc.

District court lacked subject matter jurisdiction over trademark dispute where claims of business seller and buyer arose from sales contract, not Lanham Act.

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