Legal Opinion
Her, Inc. v. Re/MAX First Choice, LLC
District Court, S.D. Ohio
Decided January 5, 2007No. 1:06-cv-00492PublishedCited by 7 opinions
1Opinion of the Court
OPINION AND ORDER
SARGUS, District Judge.
This matter is before the Court following a Hearing on the Plaintiffs’ Request for Preliminary Injunction. For the reasons that follow, the relief sought by Plaintiffs is granted.
I
This case involves the intersection of the First Amendment’s protection of free speech and the statutory prohibition on the misleading use of trademarks and trade-names. Because freedom of speech is an essential right in a free society, this opinion first addresses the interplay of First Amendment rights with the regulation of intellectual property rights.
The Lanham Act, 15…
2Cases cited26 opinions
- Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992
- Daddy's Junky Music Stores, Inc. v. Big Daddy's Family Music CenterCourt of Appeals for the Sixth Circuit · 1997
- In Re Delorean Motor CompanyCourt of Appeals for the Sixth Circuit · 1985
- Wynn Oil Company, Plaintiff-Appellee/cross-Appellant v. American Way Service Corporation, and Thomas A. Warmus, Defendants-Appellants/cross-AppelleesCourt of Appeals for the Sixth Circuit · 1991
- Mattel, Inc. v. MCA Records, Inc.Court of Appeals for the Ninth Circuit · 2002
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3Cited by7 opinions
- McKinney v. Bayer Corp.District Court, N.D. Ohio · 2010
- Allied Erecting & Dismantling Co. v. Genesis Equipment & Manufacturing, Inc.District Court, N.D. Ohio · 2009
- Aero Fulfillment Services Corp. v. Oracle Corp.District Court, S.D. Ohio · 2016
- Pierre Invests., Inc. v. CLE Capital Group, Inc.Ohio Court of Appeals · 2022
- Aviva USA Corp. v. VaziraniDistrict Court, D. Arizona · 2012
2 more not listed; retrieve them via the Exa API.