Legal Opinion
The Morningside Group Limited v. Morningside Capital Group, L.L.C.
Court of Appeals for the Second Circuit
Decided June 28, 1999No. 1998PublishedCited by 160 opinions
1Opinion of the Court
SHADUR, District Judge:
The Morningside Group Limited (“Morningside Group”) brought suit against Morningside Capital Group, L.L.C., (“Morningside Capital”) for unfair competition and trademark dilution under Lanham Act §§ 43(a) and (c)(15 U.S.C. 1125(a) and (c)), in addition to various state law claims. After a three-day bench trial in February 1998, the district court (Janet C. Hall, Judge) entered judgment for Morningside Capital, having found that Morningside Group’s name did not constitute a service mark and that even if it did, it was not infringed because confusion was not likely.
Mornings…
2Cases cited23 opinions
- Inwood Laboratories, Inc. v. Ives Laboratories, Inc.Supreme Court of the United States · 1982
- Polaroid Corporation v. Polarad Electronics CorporationCourt of Appeals for the Second Circuit · 1961
- Doe Lang, Petitioner/defendant-Appellant v. Retirement Living Publishing Co., Inc., Respondent/plaintiff-AppelleeCourt of Appeals for the Second Circuit · 1991
- McGregor-Doniger Inc. v. Drizzle Inc.Court of Appeals for the Second Circuit · 1979
- Bristol-Myers Squibb Company, Cross-Appellant v. mcneil-p.p.c., Inc., Cross-AppelleeCourt of Appeals for the Second Circuit · 1992
18 more not listed; retrieve them via the Exa API.
3Cited by160 opinions
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- GoSmile, Inc. v. Dr. Jonathan Levine, DMDPCDistrict Court, S.D. New York · 2011
- Starbucks Corp. v. Wolfe's Borough Coffee, Inc.Court of Appeals for the Second Circuit · 2009
- Savin Corporation v. The Savin Group, Savin Engineers, P.C., Savin Consultants, Inc. D/B/A Savin Engineers, P.C., and Jmoa Engineering, P.C.Court of Appeals for the Second Circuit · 2004
155 more not listed; retrieve them via the Exa API.