Legal Opinion
Stone Creek, Inc. v. Omnia Italian Design, Inc.
Court of Appeals for the Ninth Circuit
Decided July 11, 2017No. 15-17418, 16-15304PublishedCited by 6 opinions
1Opinion of the Court
OPINION
McKEOWN, Circuit Judge:
This appeal, set in the -high-stakes world of furniture sales, runs the gamut of trademark infringement issues. The facts are somewhat unusual: the alleged infringer, leather furniture manufacturer Omnia Italian Design, Inc. (“Omnia”), admits that it blatantly copied and began selling the same goods branded with the mark of its (now ex) business partner, retail furniture company Stone Creek, Inc. (“Stone Creek”).
The first question we confront is whether Omnia’s use of Stone Creek’s mark was likely to cause confusion. Placing an identical mark on identical goods…
2Cases cited55 opinions
- Russello v. United StatesSupreme Court of the United States · 1983
- K Mart Corp. v. Cartier, Inc.Supreme Court of the United States · 1988
- Amf Incorporated, a Corporation v. Sleekcraft Boats, a Sole Proprietorship, and Bruce E. Nescher, an IndividualCourt of Appeals for the Ninth Circuit · 1979
- Brookfield Communications, Inc. v. West Coast Entertainment CorporationCourt of Appeals for the Ninth Circuit · 1999
- Hanover Star Milling Co. v. MetcalfSupreme Court of the United States · 1916
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3Cited by6 opinions
- Stone Creek, Inc. v. Omnia Italian Design, Inc.Court of Appeals for the Ninth Circuit · 2017
- Ingenieria Alimentaria del Matatipac, S.A. de C.V. v. Ocean Garden Products Inc.Court of Appeals for the Ninth Circuit · 2009
- Ingenieria Alimentaria del Matatipac, S.A. de C.V. v. Ocean Garden Products Inc.Court of Appeals for the Ninth Circuit · 2009
- Lundstrom v. YoungDistrict Court, S.D. California · 2019
- Pogrebnoy v. Russian Newspaper Distribution, Inc.Court of Appeals for the Ninth Circuit · 2017
1 more not listed; retrieve them via the Exa API.