Legal Opinion
Balance Dynamics Corporation v. Schmitt Industries, Incorporated
Court of Appeals for the Sixth Circuit
Decided February 25, 2000No. 97-2023PublishedCited by 145 opinions
1Opinion of the Court
OPINION
DOWD, District Judge.
I. Introduction
The false advertising litigation before us has continued for six years, largely due to the paucity of legal rulings available to the trial court on some of the unique issues presented in this case. These issues pertain to the standards for establishing a violation of the Lanham Trade-Mark Act, the relief available once a violation is established, and the method of proofs necessary to establish entitlement to such relief. In particular, this case presents several issues of first impression: (1) whether, upon establishing a violation of the Lan-ham…
2Cases cited45 opinions
- International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
- Burger King Corp. v. RudzewiczSupreme Court of the United States · 1985
- Marine Midland Bank, N.A. v. James W. MillerCourt of Appeals for the Second Circuit · 1981
- Linda Jackson v. Quanex CorporationCourt of Appeals for the Sixth Circuit · 1999
- Dennis T. Serras, Michael C. Gibbons, and Dieter J. Boehm v. First Tennessee Bank National AssociationCourt of Appeals for the First Circuit · 1989
40 more not listed; retrieve them via the Exa API.
3Cited by145 opinions
- Intera Corporation v. George Henderson IIICourt of Appeals for the Sixth Circuit · 2005
- Pizza Hut, Inc. v. Papa John's International, Inc.Court of Appeals for the Fifth Circuit · 2000
- Cashmere & Camel Hair Manufacturers Institute v. Saks Fifth AvenueCourt of Appeals for the First Circuit · 2002
- Flynn v. Greg Anthony Construction Co.Court of Appeals for the Sixth Circuit · 2003
- SFS Check, LLC v. First Bank of DelawareCourt of Appeals for the Sixth Circuit · 2014
140 more not listed; retrieve them via the Exa API.