Anheuser-Busch, Incorporated v. Supreme International Corporation

CYNTHIA HOLCOMB HALL, Circuit Judge.

Anheuser-Busch, Inc. (“Anheuser”) appeals the district court’s 2 order dismissing Anheuser’s declaratory judgment action against Supreme International Corp. (“Supreme”) after refusing to apply the first-filed rale. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

1. FACTS

In January 1996, Anheuser began a national advertising campaign for Bud Ice beer that used a penguin in its design. In September 1996, Supreme acquired rights in penguin trademarks held by Munsingwear, Inc., which had been using penguin designs on golf and apparel since 1954.…