Legal Opinion

Heisman Trophy Trust v. Smack Apparel Co.

District Court, S.D. New York

Decided October 19, 2009No. 08 Civ. 9153(VM)PublishedCited by 1 opinion

1Opinion of the Court

DECISION AND ORDER

VICTOR MARRERO, District Judge.

Plaintiff The Heisman Trophy Trust (“The Heisman Trust”) brought this action alleging that defendant Smack Apparel Company (“Smack Apparel”) failed to comply with a settlement agreement that Smack Apparel had entered into with the predecessor to The Heisman Trust (the “Settlement Agreement!’). That agreement required Smack Apparel to refrain from using marks that were “confusingly similar” to certain trademarks now owned by The Heisman Trust (the “Heisman Marks”). The Heisman Trust also alleged that Smack Apparel continued to infringe and…

2Cases cited4 opinions

  1. Johnson v. Georgia Highway Express, Inc.Court of Appeals for the Fifth Circuit · 1974
  2. Arbor Hill Concerned Citizens Neighborhood Ass'n v. County of Albany & Albany County Board of ElectionsCourt of Appeals for the Second Circuit · 2008
  3. Polaroid Corporation v. Polarad Electronics CorporationCourt of Appeals for the Second Circuit · 1961
  4. Heisman Trophy Trust v. Smack Apparel Co.District Court, S.D. New York · 2009

3Cited by1 opinion

  1. Karsch v. Blink Health LTDDistrict Court, S.D. New York · 2019

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