Sofamor Danek Group, Inc. v. Mark Brown, in His Official Capacity as Director of the State of Washington Department of Labor and Industries
Court of Appeals for the Ninth Circuit
1Opinion of the Court
O’SCANNLAIN, Circuit Judge:
We must decide whether an official of the State of Washington is subject to suit in federal court for alleged violations of federal trademark law.
I
Mark Brown, Director of the Department of Labor and Industries of the State of Washington, appeals interlocutorily the district court’s order denying his motion to dismiss an action brought against him pursuant to § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), 1 by Sofamor Danek Group, Inc. (“Sofamor”), a manufacturer of spinal fixation devices implanted as part of lumbar fusion spinal surgery. Brown claims that the…
2Cases cited18 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Edelman v. JordanSupreme Court of the United States · 1974
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