Legal Opinion

Hairline Creations, Inc. v. Diane Kefalas

Court of Appeals for the Seventh Circuit

Decided November 20, 1981No. 19-2291PublishedCited by 54 opinions

1Opinion of the Court

SPRECHER, Circuit Judge.

The sole issue presented by this appeal is whether a postjudgment motion for attorneys’ fees in a trademark case is a motion to alter or amend the judgment governed by Rule 59(e) of the Federal Rules of Civil Procedure, or is a motion for costs governed by Rule 54(d). For the reasons set out below, we hold that such a motion is governed by Rule 59(e) and that the motion below was untimely. Because the motion was untimely, the appeal also was untimely; therefore, this case is dismissed for want of jurisdiction.

I

This trademark action was initiated in November, 1978, by…

2Cases cited27 opinions

  1. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  2. Fleischmann Distilling Corp. v. Maier Brewing Co.Supreme Court of the United States · 1967
  3. William Knighton, Cross-Appellant v. John C. Watkins, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1980
  4. John S. Terket v. Harold LundCourt of Appeals for the Seventh Circuit · 1980
  5. Farmington Dowel Products Co. v. Forster Mfg. Co., Inc.Court of Appeals for the First Circuit · 1970

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

3Cited by54 opinions

  1. Taniguchi v. Kan Pacific Saipan, Ltd.Supreme Court of the United States · 2012
  2. Max I. Bittner v. Sadoff & Rudoy IndustriesCourt of Appeals for the Seventh Circuit · 1984
  3. Georgia Lee Miller Roulo, Cross-Appellant v. Russ Berrie & Co., Inc., Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1989
  4. Spray-Rite Service Corporation, an Iowa Corporation v. Monsanto Company, a Delaware CorporationCourt of Appeals for the Seventh Circuit · 1982
  5. Otis Clapp & Son, Inc. v. Filmore Vitamin Company D/B/A Medique ProductsCourt of Appeals for the Seventh Circuit · 1985

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

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