Legal Opinion
Quicksilver, Inc. v. Kymsta, Corporation
Court of Appeals for the Ninth Circuit
Decided October 6, 2006No. 04-55529PublishedCited by 66 opinions
1Opinion of the Court
OPINION
RAWLINSON, Circuit Judge.
Kymsta appeals from the district court’s decision granting Quiksilver’s motion for judgment as a matter of law and denying Kymsta’s competing cross-motion. The court concluded that Quiksilver’s trademarks, “QUIKSILVER ROXY” and “ROXY,” are valid; that Kymsta was unable to rebut the presumption of validity; and that Kymsta could not benefit from the innocent-use defense.
We affirm the district court’s granting of Quiksilver’s motion for judgment as a matter of law as to Kymsta’s fraud defense. We also affirm the denial of Kymsta’s cross-motion as to innocent use.…
2Cases cited31 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992
- Brookfield Communications, Inc. v. West Coast Entertainment CorporationCourt of Appeals for the Ninth Circuit · 1999
- Sweats Fashions, Inc. v. Pannill Knitting Company, Inc.Court of Appeals for the Federal Circuit · 1987
- E. & J. Gallo Winery v. Gallo Cattle Co.Court of Appeals for the Ninth Circuit · 1992
26 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- Zobmondo Entertainment, LLC v. Falls Media, LLCCourt of Appeals for the Ninth Circuit · 2010
- Hana Financial, Inc. v. Hana BankCourt of Appeals for the Ninth Circuit · 2013
- Estate of Martin v. California Department of Veterans AffairsCourt of Appeals for the Ninth Circuit · 2009
- Dream Games of Arizona, Inc. v. PC ONSITECourt of Appeals for the Ninth Circuit · 2009
- One Industries, LLC v. Jim O'Neal Distributing, Inc.Court of Appeals for the Ninth Circuit · 2009
61 more not listed; retrieve them via the Exa API.