Legal Opinion
Mutual of Omaha Insurance Company, a Nebraska Corporation v. Franklyn Novak, an Individual
Court of Appeals for the Eighth Circuit
Decided October 16, 1985No. 85-1019PublishedCited by 8 opinions
1Opinion of the Court
JOHN R. GIBSON, Circuit Judge.
Franklyn Novak appeals from a preliminary injunction forbidding him from violat ing the Lanham Act, 15 U.S.C. §§ 1114 and 1125(a) (1982), by marketing T-shirts, mugs and other products prominently featuring the words “Mutant of Omaha” and “Mutant Kingdom” and bearing a logo resembling the Indianhead logo used by Mutual of Omaha Insurance Company. He argues that there was no confusion or likelihood of confusion as to the origin of the T-shirts and mugs, that Mutual has not sustained irreparable injury, that his activities were political comments on an issue of…
2Cases cited8 opinions
- Dataphase Systems, Inc. v. C L Systems, Inc.Court of Appeals for the Eighth Circuit · 1981
- Lloyd Corp. v. TannerSupreme Court of the United States · 1972
- Dallas Cowboys Cheerleaders, Inc. v. Pussycat Cinema, Ltd. And Michael ZaffaranoCourt of Appeals for the Second Circuit · 1979
- Squirtco, Cross-Appellee v. The Seven-Up Company, a Missouri Corporation and Seven-Up U.S.A., Inc., a Missouri Corporation, Cross-AppellantsCourt of Appeals for the Eighth Circuit · 1980
- Coca-Cola Company v. Gemini Rising, Inc.District Court, E.D. New York · 1972
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- L.L. Bean, Inc. v. Drake Publishers, Inc.Court of Appeals for the First Circuit · 1987
- Mutual of Omaha Insurance Company, a Nebraska Corporation v. Franklyn Novak, an Individual, Mutual of Omaha Insurance Company, a Nebraska Corporation v. Franklyn Novak, an IndividualCourt of Appeals for the Eighth Circuit · 1988
- Mutual of Omaha Insurance v. NovakDistrict Court, D. Nebraska · 1986
- Thyssen Steel Co. v. United StatesUnited States Court of International Trade · 1989
- American Customs Brokers Co. v. United States Customs ServiceUnited States Court of International Trade · 1986
3 more not listed; retrieve them via the Exa API.