Legal Opinion

Birch Publications, Inc. v. RMZ of St. Cloud, Inc.

Court of Appeals of Minnesota

Decided July 27, 2004No. A03-1913PublishedCited by 5 opinions

1Opinion of the Court

OPINION

HUDSON, Judge.

In this appeal, appellants RMZ of St. Cloud, Inc., argue that the trial court erred in finding that RMZ abandoned a trademark and is therefore estopped from denying the transfer of the trademark to respondents Birch Publications, Inc. Because the trial court’s factual findings were not clearly erroneous, and the trial court did not err as a matter of law in concluding that RMZ abandoned use of the trademark, we conclude that RMZ is estopped from denying the transfer of the trademark to Birch, and we affirm.

FACTS

Ruth Zulkosky and three others organized appellants RMZ of…

2Cases cited11 opinions

  1. Frost-Benco Electric Ass'n v. Minnesota Public Utilities CommissionSupreme Court of Minnesota · 1984
  2. Hydra-Mac, Inc. v. Onan Corp.Supreme Court of Minnesota · 1990
  3. Stephen M. Silverman v. Cbs Inc.Court of Appeals for the Second Circuit · 1989
  4. Exxon Corporation, Humble Oil & Refining Corporation, Humble Gas Transmission Co. And Humble, Inc. v. Humble Exploration Company, Inc.Court of Appeals for the Fifth Circuit · 1983
  5. Emergency One, Incorporated, D/B/A American Eagle Fire Apparatus Company, Incorporated v. American Fireeagle, LimitedCourt of Appeals for the Fourth Circuit · 2000

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

3Cited by5 opinions

  1. In re Distribution of Attorney's Fees between Stowman Law Firm, P.A., & Lori Peterson Law FirmCourt of Appeals of Minnesota · 2014
  2. Joel Karnitz v. Wells Fargo Bank, N.A.Court of Appeals for the Eighth Circuit · 2009
  3. Frontier Leasing Corp. v. ShahSuperior Court of Pennsylvania · 2007
  4. In Re Petition for Distribution of Attorney�s Fees between Stowman Law Firm, P.A., and Lori Peterson Law Firm, formerly doing business as Lori Peterson and Associates.Court of Appeals of Minnesota · 2014
  5. Joel Karnitz v. Wells Fargo Bank, N.A.Court of Appeals for the Eighth Circuit · 2009

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