Legal Opinion

Metro Publishing, Ltd., a California Partnership v. San Jose Mercury News, a California Corporation

Court of Appeals for the Ninth Circuit

Decided March 8, 1993No. 91-16537PublishedCited by 66 opinions

1Opinion of the Court

FLETCHER, Circuit Judge:

In this trademark infringement action Metro Publishing (“Metro”), the publisher of the weekly tabloid Metro, a regular feature of which is a column called “Public Eye,” appeals the district court’s denial of its motion for a preliminary injunction to stop San Jose Mercury News (“Mercury News”) from publishing a competing weekly tabloid called “eye.” We reverse and remand.

FACTS AND PROCEDURAL HISTORY

Appellant has published the weekly tabloid Metro, billed as “Santa Clara Valley’s Weekly Newspaper,” since 1984. The paper is distributed free to the public every Thursday…

2Cases cited9 opinions

  1. E. & J. Gallo Winery v. Gallo Cattle Co.Court of Appeals for the Ninth Circuit · 1992
  2. First Brands Corporation v. Fred Meyer, Inc. And Basf Wyandotte CorporationCourt of Appeals for the First Circuit · 1987
  3. Nugget Hydroelectric, L.P. v. Pacific Gas and Electric CompanyCourt of Appeals for the Ninth Circuit · 1992
  4. Vision Sports, Inc. v. Melville Corp.Court of Appeals for the Ninth Circuit · 1989
  5. Nutri/system, Inc. v. Con-Stan Industries, Inc.Court of Appeals for the Ninth Circuit · 1987

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

3Cited by66 opinions

  1. Brookfield Communications, Inc. v. West Coast Entertainment CorporationCourt of Appeals for the Ninth Circuit · 1999
  2. GoTo.Com, Inc. v. Walt Disney Co.Court of Appeals for the Ninth Circuit · 2000
  3. International Jensen, Incorporated v. Metrosound U.S.A., Inc., Dba L.A. SoundCourt of Appeals for the Ninth Circuit · 1993
  4. Sara Lee Corporation v. Kayser-Roth CorporationCourt of Appeals for the Fourth Circuit · 1996
  5. Palmer v. Truck Insurance ExchangeCalifornia Supreme Court · 1999

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

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