Legal Opinion

Polar Bear Productions, Inc. v. Timex Corp.

Court of Appeals for the Ninth Circuit

Decided September 3, 2004No. Nos. 03-35188, 03-35245PublishedCited by 19 opinions

1Opinion of the Court

OPINION

McKEOWN, Circuit Judge:

This intellectual property case pits the sport of extreme kayaking against the iconic American timepiece, Timex. In an effort to update its image, Timex Corporation (“Timex”) arranged with Polar Bear Productions (“Polar Bear”) to produce film footage featuring some of the stars of whitewater kayaking, paddling through exotic locales in North and South America and using equipment bearing the Timex logo. ■ The promotion was so popular with Timex that it just kept on ticking1, and continued using the footage well beyond any permission to do so. The result is a…

2Cases cited41 opinions

  1. Dairl Johnson Claudine Johnson v. Mammoth Recreations, Inc.Court of Appeals for the Ninth Circuit · 1992
  2. Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992
  3. Panavision International, L.P., a Delaware Limited Partnership v. Dennis Toeppen Network Solutions, Inc., a District of Columbia CorporationCourt of Appeals for the Ninth Circuit · 1998
  4. Sheldon v. Metro-Goldwyn Pictures Corp.Supreme Court of the United States · 1940
  5. Rodgers v. United StatesSupreme Court of the United States · 1947

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3Cited by19 opinions

  1. Straus v. DVC Worldwide, Inc.District Court, S.D. Texas · 2007
  2. Starz Entertainment, LLC v. Mgm Domestic Television Distr.Court of Appeals for the Ninth Circuit · 2022
  3. Ranch Realty, Inc. v. DC RANCH REALTY, LLCDistrict Court, D. Arizona · 2007
  4. Tattoo Art, Inc. v. Tat International, LLCDistrict Court, E.D. Virginia · 2011
  5. Christoff v. Nestle USA, Inc.California Court of Appeal · 2007

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