Legal Opinion
Eclipse Associates Limited v. Data General Corporation
Court of Appeals for the Ninth Circuit
Decided January 26, 1990No. 88-4306PublishedCited by 84 opinions
1Opinion of the Court
HUG, Circuit Judge:
In this trademark infringement case, Eclipse Associates Limited (“EAL”), a computer company, appeals the district court’s order in favor of Data General Corporation (“Data General”) enjoining EAL from using “ECLIPSE” as its trademark and its business name in the United States. The issues are (1) whether the district judge erred in finding there was a likelihood of confusion in EAL’s use of ECLIPSE; (2) whether the lack of evidence of actual confusion should be determinative; and (3) whether it was error to exclude evidence of use of the mark by unrelated third parties. We…
2Cases cited14 opinions
- United States v. Winston Bryant McConneyCourt of Appeals for the Ninth Circuit · 1984
- Amf Incorporated, a Corporation v. Sleekcraft Boats, a Sole Proprietorship, and Bruce E. Nescher, an IndividualCourt of Appeals for the Ninth Circuit · 1979
- Lois Sportswear, U.S.A., Inc., and Textiles Y Confecciones Europeas, S.A. v. Levi Strauss & Company, Defendant-Plaintiff-AppelleeCourt of Appeals for the Second Circuit · 1986
- Century 21 Real Estate Corporation, a Delaware Corporation v. Billy Sandlin, an Individual, Dba Century Investments & Realty, DefendantCourt of Appeals for the Ninth Circuit · 1988
- Levi Strauss & Co., a Delaware Corporation v. Blue Bell, Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 1985
9 more not listed; retrieve them via the Exa API.
3Cited by84 opinions
- Brookfield Communications, Inc. v. West Coast Entertainment CorporationCourt of Appeals for the Ninth Circuit · 1999
- Official Airline Guides, Inc. v. GossCourt of Appeals for the Ninth Circuit · 1993
- E. & J. Gallo Winery v. Gallo Cattle Co.Court of Appeals for the Ninth Circuit · 1992
- Network Automation, Inc. v. Advanced Systems Concepts, Inc.Court of Appeals for the Ninth Circuit · 2011
- Dr. Seuss Enterprises, L.P. v. Penguin Books Usa, Inc., a Corporation Dove Audio, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1997
79 more not listed; retrieve them via the Exa API.