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

WEINER, Senior District Judge:


In this appeal, we must determine when a service mark is first used in commerce under the Lanham Act, 15 U.S.C. � 1127. Allen Chance, d/b/a/ T.A.B. Systems (“T.A.B.” ), claims first use of the service mark “TeleTrak” in connection with T.A.B.’ s lost and found tag service. Pac-Tel Teletrac, Inc. and related entities (collectively “Pac-Tel” ) claim priority of use in connection with their radio frequency based system for tracking fleet vehicles and recovering lost or stolen vehicles. The district court entered summary judgment in favor of Pac-Tel, finding that Pac-Tel’ s free services to the Los Angeles County Office of Education (“LACOE” ) in April 1990 constituted first use. We conclude that Pac-Tel’ s first use of the mark was even earlier than that found by the district court, and clearly pre-dated T.A.B.’ s first use. Accordingly, we affirm the entry of summary judgment.


As early as 1984, Pac-Tel’ s predecessor in interest, North American Teletrac (“NAT” ) began developing a radio-frequency based system for tracking fleet vehicles and recovering lost or stolen vehicles. In 1985, NAT acquired the necessary frequency licenses from the Federal Communications Commission. In October 1988, Pac-Tel began field testing its system on school buses operated by LACOE. In June 1989, one of NAT’ s subsidiaries, DMI Systems, Inc., changed its name to International Teletrac Systems. Also in June 1989, DMI entered into a joint venture arrangement with Pacific Telesis and adopted the name Pac-Tel Teletrac. In July 1989, Pac-Tel began a comprehensive public relations campaign to market its new service, including distributing press releases and giving interviews to print and electronic media. It also made presentations to prospective customers. The district court found that in April 1990, Pac-Tel began making its service available on a commercial basis, and began making its service available to non-fleet customers in the last quarter of 1990. April 1990 was the first time LACOE began using the system on a non-test basis, although it did not begin paying for the service until December 1990, when the system was publicly launched. The record before the district court also included information that, from mid-1990 onward, Pac-Tel was developing customers among various vehicle fleet operating enterprises and had agreements with at least twenty four of them.

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