Legal Opinion

Visible Systems Corp. v. Unisys Corp.

Court of Appeals for the First Circuit

Decided December 23, 2008No. 07-2730, 08-1410, 08-1411PublishedCited by 49 opinions

1Opinion of the Court

LYNCH, Chief Judge.

A jury awarded Visible Systems Corporation (“VSC”) trademark infringement damages of $250,000 against Unisys Corporation on a reverse confusion claim. See 15 U.S.C. § 1125(a). The district court also issued a permanent injunction prohibiting Unisys from using the trademarks or service marks 3D VISIBLE ENTERPRISE, 3D-VE, or VISIBLE in the United States in the enterprise modeling or enterprise architecture fields.

VSC appeals, asserting it was entitled to more. Its primary argument is that the trial judge erred in not granting it a jury trial under both the Lanham Act and the…

2Cases cited28 opinions

  1. MARKMAN Et Al. v. WESTVIEW INSTRUMENTS, INC., Et Al.Supreme Court of the United States · 1996
  2. Beacon Theatres, Inc. v. WestoverSupreme Court of the United States · 1959
  3. Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
  4. Dairy Queen, Inc. v. WoodSupreme Court of the United States · 1962
  5. Feltner v. Columbia Pictures Television, Inc.Supreme Court of the United States · 1998

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3Cited by49 opinions

  1. Rodriguez-Garcia v. Miranda-MarinCourt of Appeals for the First Circuit · 2010
  2. Peoples Federal Savings Bank v. People's United BankCourt of Appeals for the First Circuit · 2012
  3. Kennedy Ex Rel. B.D.K. v. Town of BillericaCourt of Appeals for the First Circuit · 2010
  4. Malone v. Lockheed Martin Corp.Court of Appeals for the First Circuit · 2010
  5. Marine Polymer Technologies, Inc. v. Hemcon, Inc.Court of Appeals for the Federal Circuit · 2012

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

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