Legal Opinion

Nutri/system, Inc. v. Con-Stan Industries, Inc.

Court of Appeals for the Ninth Circuit

Decided February 4, 1987No. 85-6449PublishedCited by 109 opinions

1Opinion of the Court

GOODWIN, Circuit Judge:

Nutri/System, Inc. (“Nutri/System”) appeals from a judgment in favor of Con-Stan Industries, Inc. (“Con-Stan”) on its suit for service mark infringement.

Nutri/System currently owns some 650 weight loss centers across the United States. The centers offer a weight control program involving diet, exercise, counseling and the use of Nutri/System food products. Nutri/System staffs its centers with managers, weight counselors or salespersons, full and part-time nurses, and a behavior education counselor with training in psychology or counseling. Nutri/System equips its…

2Cases cited17 opinions

  1. Amf Incorporated, a Corporation v. Sleekcraft Boats, a Sole Proprietorship, and Bruce E. Nescher, an IndividualCourt of Appeals for the Ninth Circuit · 1979
  2. Trevino v. Celanese Corp.Court of Appeals for the Fifth Circuit · 1983
  3. Scott Paper Company, a Corporation v. Scott's Liquid Gold, Inc., a CorporationCourt of Appeals for the Third Circuit · 1978
  4. Pizzeria Uno Corporation v. James W. Temple, Jr., D/B/A Taco UnoCourt of Appeals for the Fourth Circuit · 1984
  5. Boston Professional Hockey Association, Inc. v. Dallas Cap & Emblem Mfg., Inc.Court of Appeals for the Fifth Circuit · 1975

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

3Cited by109 opinions

  1. Brookfield Communications, Inc. v. West Coast Entertainment CorporationCourt of Appeals for the Ninth Circuit · 1999
  2. Official Airline Guides, Inc. v. GossCourt of Appeals for the Ninth Circuit · 1993
  3. E. & J. Gallo Winery v. Gallo Cattle Co.Court of Appeals for the Ninth Circuit · 1992
  4. Entrepreneur Media, Inc., a California Corporation v. Scott Smith, an Individual Dba EntrepreneurprCourt of Appeals for the Ninth Circuit · 2002
  5. Fisons Horticulture, Inc., in No. 93-7224 v. Vigoro Industries, Inc., in No. 93-7287Court of Appeals for the Third Circuit · 1994

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

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