Legal Opinion

Newcal Industries, Inc. v. IKON Office Solution

Court of Appeals for the Ninth Circuit

Decided January 23, 2008No. 05-16208PublishedCited by 563 opinions

1Opinion of the Court

THOMAS, Circuit Judge:

Five lessors of copier equipment (collectively “Neweal”) appeal the dismissal of their complaint for failure to state viable Sherman Act antitrust, Lanham Act, and RICO claims against Defendant IKON. 1 We reverse.

I

Neweal and IKON compete to lease name-brand copier equipment to commercial customers. 2 They also compete to provide service contracts for the maintenance of that equipment during the term of the lease. When a lease approaches the end of its term, a new competition begins for the lease of upgrade equipment. Similarly, when a service contract approaches the end…

2Cases cited23 opinions

  1. Brown Shoe Co. v. United StatesSupreme Court of the United States · 1962
  2. Eastman Kodak Co. v. Image Technical Services, Inc.Supreme Court of the United States · 1992
  3. Holmes v. Securities Investor Protection CorporationSupreme Court of the United States · 1992
  4. Forsyth v. Humana, Inc.Court of Appeals for the Ninth Circuit · 1997
  5. James Odom v. Microsoft Corporation, a Washington Corporation Best Buy Co., Inc., a Minnesota CorporationCourt of Appeals for the Ninth Circuit · 2007

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3Cited by563 opinions

  1. Jacobs v. Tempur-Pedic International, Inc.Court of Appeals for the Eleventh Circuit · 2010
  2. Al-Kidd v. AshcroftCourt of Appeals for the Ninth Circuit · 2009
  3. Canyon County v. Syngenta Seeds, Inc.Court of Appeals for the Ninth Circuit · 2008
  4. Williams Hicks v. Pga Tour, Inc.Court of Appeals for the Ninth Circuit · 2018
  5. Ariix, LLC v. Nutrisearch CorporationCourt of Appeals for the Ninth Circuit · 2021

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