Legal Opinion
Stone Creek, Inc. v. Omnia Italian Design, Inc.
Court of Appeals for the Ninth Circuit
Decided July 11, 2017No. 15-17418, No. 16-15304PublishedCited by 59 opinions
1Opinion of the Court
ORDER
The opinion filed on July 11, 2017, and appearing at 862 F.3d 1131, is hereby amended as follows: on page 1140, “Omnia asserts that its use of Stone Creek’s mark is protected under the Tea Rose-Rectanus doctrine and argues that we may affirm the district court’s judgment of no liability on this alternative basis.” is replaced with “The Tea Rose-Rectanus doctrine is an affirmative defense separate and apart from the underlying infringement claim. 5 McCarthy, supra, § 26:4. Omnia asserts that its use of Stone Creek’s mark is protected under that doctrine and argues that we may affirm the…
2Cases cited57 opinions
- Russello v. United StatesSupreme Court of the United States · 1983
- K Mart Corp. v. Cartier, Inc.Supreme Court of the United States · 1988
- Amf Incorporated, a Corporation v. Sleekcraft Boats, a Sole Proprietorship, and Bruce E. Nescher, an IndividualCourt of Appeals for the Ninth Circuit · 1979
- Brookfield Communications, Inc. v. West Coast Entertainment CorporationCourt of Appeals for the Ninth Circuit · 1999
- Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
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3Cited by59 opinions
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- Marketquest Grp., Inc. v. BIC Corp.District Court, S.D. California · 2018
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