Legal Opinion
New West Corp. v. NYM Co. of California, Inc.
Court of Appeals for the Ninth Circuit
Decided May 1, 1979No. 76-3234PublishedCited by 68 opinions
1Opinion of the Court
KILKENNY, Circuit Judge:
This is an appeal from a judgment in a trade-mark case in favor of appellee NYM Company of California, Inc. (NYM) on cross-motions for summary judgment. After finding that there was no genuine issue of material fact, the district court concluded that NYM had established its ownership rights in the trade name and trade-mark “New West” as the title of its magazine and that appellant, The New West Corporation’s (NWC) use of the name “New West” on its magazine was likely to cause public confusion. The court further concluded that NWC’s use of the name “New West” as the…
2Cases cited32 opinions
- Fleischmann Distilling Corp. v. Maier Brewing Co.Supreme Court of the United States · 1967
- British Airways Board, 1 v. The Boeing CompanyCourt of Appeals for the Ninth Circuit · 1978
- James Burrough Limited and Kobrand Corporation v. Sign of the Beefeater, Inc., and Montgomery Ward & Co., IncorporatedCourt of Appeals for the Seventh Circuit · 1976
- Stork Restaurant, Inc. v. SahatiCourt of Appeals for the Ninth Circuit · 1948
- Stix Products, Inc. v. United Merchants & Manufacturers, Inc.District Court, S.D. New York · 1968
27 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- Transgo, Inc. v. Ajac Transmission Parts Corp.Court of Appeals for the Ninth Circuit · 1985
- L.A. Gear, Inc., Plaintiff/cross-Appellant v. Thom McAn Shoe Company and Melville Corporation and Pagoda Trading Company, Inc.Court of Appeals for the Federal Circuit · 1993
- Bandag, Inc., Appellee/cross-Appellant. v. Al Bolser's Tire Stores, Inc., Appellant/cross-AppelleeCourt of Appeals for the Federal Circuit · 1984
- Paul Smith, an Individual v. Edward L. Montoro and Film Ventures International Inc.Court of Appeals for the Ninth Circuit · 1981
- Rodeo Collection, Ltd. v. West SeventhCourt of Appeals for the Ninth Circuit · 1987
63 more not listed; retrieve them via the Exa API.