Legal Opinion
Amf Incorporated, a Corporation v. Sleekcraft Boats, a Sole Proprietorship, and Bruce E. Nescher, an Individual
Court of Appeals for the Ninth Circuit
Decided June 28, 1979No. 76-1744PublishedCited by 796 opinions
1Opinion of the Court
J. BLAINE ANDERSON, Circuit Judge:
In this trademark infringement action, 1 the district court, after a brief non-jury trial, found appellant AMF’s trade mark was valid, but not infringed, and denied AMF’s request for injunctive relief. 2
AMF and appellee Nescher 3 both manufacture recreational boats. AMF uses the mark Slickcraft, and Nescher uses Sleek-craft. The crux of this appeal is whether concurrent use of the two marks is likely to confuse the public. The district judge held that confusion was unlikely. We disagree and remand for entry of a limited injunction.
1. FACTS
AMF’s predecessor…
2Cases cited52 opinions
- Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
- Yale Electric Corporation v. RobertsonCourt of Appeals for the Second Circuit · 1928
- American Steel Foundries v. RobertsonSupreme Court of the United States · 1926
- Stork Restaurant, Inc. v. SahatiCourt of Appeals for the Ninth Circuit · 1948
- The Fleischmann Distilling Corp., a Corporation, Etc. v. Maier Brewing Company, a CorporationCourt of Appeals for the Ninth Circuit · 1963
47 more not listed; retrieve them via the Exa API.
3Cited by796 opinions
- Marlyn Nutraceuticals, Inc. v. Mucos Pharma GmbH & Co.Court of Appeals for the Ninth Circuit · 2009
- Brookfield Communications, Inc. v. West Coast Entertainment CorporationCourt of Appeals for the Ninth Circuit · 1999
- Reno Air Racing Association, Inc. v. Jerry McCordCourt of Appeals for the Ninth Circuit · 2006
- Surfvivor Media, Inc. Peter S. Deptula v. Survivor Productions CBS Broadcasting Inc. CBS Worldwide, Inc. Wpc Brands, Inc.Court of Appeals for the Ninth Circuit · 2005
- Mike Cohn, D.V.M. v. Petsmart, Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 2002
791 more not listed; retrieve them via the Exa API.