Legal Opinion

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

Decided September 15, 1997No. 96-35983PublishedCited by 61 opinions

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

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  3. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  4. Mitchell v. ForsythSupreme Court of the United States · 1985
  5. Edelman v. JordanSupreme Court of the United States · 1974

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3Cited by61 opinions

  1. Ralph E. Thornton Cheryl A. Thornton v. City of St. Helens Warren Baker Brian LittleCourt of Appeals for the Ninth Circuit · 2005
  2. Smith v. MarshCourt of Appeals for the Ninth Circuit · 1999
  3. Miranda B. v. KitzhaberCourt of Appeals for the Ninth Circuit · 2003
  4. William Hibbs, United States of America, Intervenor v. Department of Human Resources Charlotte Crawford Nikki FirpoCourt of Appeals for the Ninth Circuit · 2001
  5. David Demshki v. Richard Monteith Anthony Whitehurst Steven Sloan Heidi Arno Monteith for Senator Committee, and California Senate Rules CommitteeCourt of Appeals for the Ninth Circuit · 2001

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

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