Legal Opinion

American Soccer Co. v. Score First Enterprises

Court of Appeals for the Ninth Circuit

Decided August 13, 1999No. 97-55986PublishedCited by 61 opinions

1Opinion of the Court

BOOCHEVER, Circuit Judge:

American Soccer appeals from the district court’s order vacating its notice of voluntary dismissal. Because the notice of voluntary dismissal was filed prior to the filing of an answer or motion for summary judgment, we reverse.

FACTS

American Soccer Company, Inc. (“American Soccer”) has sold soccer equipment, uniforms, and other soccer-related merchandise for over ten years under the trademark “Score” and bearing a “Score” logo. In 1995, Kevlar Industries, Inc. (“Kevlar”) formed a division named “Score First,” which in 1996 began selling sports clothing with logos…

2Cases cited20 opinions

  1. Wilson v. City of San JoseCourt of Appeals for the Ninth Circuit · 1997
  2. Concha v. LondonCourt of Appeals for the Ninth Circuit · 1995
  3. Harvey Aluminum, Inc. v. American Cyanamid Co.Court of Appeals for the Second Circuit · 1953
  4. American Cyanamid Company v. Robert A. McGheeCourt of Appeals for the Fifth Circuit · 1963
  5. Gloria Price v. United States Navy Harry Moses Marguerite Moses (Deceased) Michael Moses Shirley MosesCourt of Appeals for the Ninth Circuit · 1994

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3Cited by61 opinions

  1. Commercial Space Management Company, Inc. v. The Boeing Company, Inc.Court of Appeals for the Ninth Circuit · 1999
  2. PTA-FLA, Inc. v. ZTE USA, Inc.Court of Appeals for the Eleventh Circuit · 2016
  3. Marques v. Federal Reserve Bank of ChicagoCourt of Appeals for the Seventh Circuit · 2002
  4. Kazue Swedberg v. Emil MarotzkeCourt of Appeals for the Ninth Circuit · 2003
  5. Federal National Mortgage Association v. Marjorie Johnston and Kamberleigh JohnstonSupreme Court of Vermont · 2018

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