Legal Opinion

Mike Cohn, D.V.M. v. Petsmart, Inc., a Delaware Corporation

Court of Appeals for the Ninth Circuit

Decided February 12, 2002No. 00-35328PublishedCited by 440 opinions

1Opinion of the Court

OPINION

2Per curiam

Dr. Mike Cohn appeals the district court’s grant of summary judgment on his claim that Petsmart infringes his trademark “Where Pets are Family.” He presents two issues: 1) whether the amount in controversy required for diversity jurisdiction was satisfied, and 2) whether there is a likelihood of confusion in Petsmart’s use of Cohn’s mark. We hold the amount in controversy requirement was met and that there is no likelihood of confusion between the two marks as a matter of law. Therefore, we affirm.

I

In 1993, Cohn opened his Boise veterinary clinic, the Critter Clinic, and began…

3Cases cited18 opinions

  1. Frank D. Gaus v. Miles, Inc., an Indiana CorporationCourt of Appeals for the Ninth Circuit · 1992
  2. Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
  3. Jacqueline Burns v. Windsor Insurance Co.Court of Appeals for the Eleventh Circuit · 1994
  4. Amf Incorporated, a Corporation v. Sleekcraft Boats, a Sole Proprietorship, and Bruce E. Nescher, an IndividualCourt of Appeals for the Ninth Circuit · 1979
  5. Richard M. Sanchez v. Monumental Life Insurance CompanyCourt of Appeals for the Ninth Circuit · 1996

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4Cited by440 opinions

  1. Katie Lowery v. Honeywell International, Inc.Court of Appeals for the Eleventh Circuit · 2007
  2. Andrew Pretka v. Kolter City Plaza II, Inc.Court of Appeals for the Eleventh Circuit · 2010
  3. Leticia Valdez v. Allstate Insurance Company, an Illinois Corporation Allstate Indemnity Co., an Illinois CorporationCourt of Appeals for the Ninth Circuit · 2004
  4. Surfvivor Media, Inc. Peter S. Deptula v. Survivor Productions CBS Broadcasting Inc. CBS Worldwide, Inc. Wpc Brands, Inc.Court of Appeals for the Ninth Circuit · 2005
  5. McPhail v. Deere & Co.Court of Appeals for the Tenth Circuit · 2008

435 more not listed; retrieve them via the Exa API.

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