Legal Opinion

Bosley Medical Institute, Inc., a Delaware Corporation, and Bosley Medical Group, S.C., an Illinois Corporation v. Michael Steven Kremer

Court of Appeals for the Ninth Circuit

Decided April 4, 2005No. 04-55962PublishedCited by 131 opinions

1Opinion of the Court

SILVERMAN, Circuit Judge.

Defendant Michael Kremer was dissatisfied with the hair restoration services provided to him by the Bosley Medical Institute, Inc. In a bald-faced effort to get even, Kremer started a website at www.BosleyMedical.com, which, to put it mildly, was uncomplimentary of the Bosley Medical Institute. The problem is that “Bosley Medical” is the registered trademark of the Bosley Medical Institute, Inc., which brought suit against Kremer for trademark infringement and like claims. Kremer argues that noncommercial use of the mark is not actionable as infringement under the…

2Cases cited40 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992
  3. Bob Jones University v. United StatesSupreme Court of the United States · 1983
  4. Panavision International, L.P., a Delaware Limited Partnership v. Dennis Toeppen Network Solutions, Inc., a District of Columbia CorporationCourt of Appeals for the Ninth Circuit · 1998
  5. United Drug Co. v. Theodore Rectanus Co.Supreme Court of the United States · 1918

35 more not listed; retrieve them via the Exa API.

3Cited by131 opinions

  1. Rearden LLC v. Rearden Commerce, Inc.Court of Appeals for the Ninth Circuit · 2012
  2. North American Medical Corp. v. Axiom Worldwide, Inc.Court of Appeals for the Eleventh Circuit · 2008
  3. Henry v. Lake Charles American Press, L.L.C.Court of Appeals for the Fifth Circuit · 2009
  4. Utah Lighthouse Ministry v. Foundation for Apologetic Information & ResearchCourt of Appeals for the Tenth Circuit · 2008
  5. Lamparello v. FalwellCourt of Appeals for the Fourth Circuit · 2005

126 more not listed; retrieve them via the Exa API.

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