Legal Opinion

Basketball Marketing Co. v. FX Digital Media, Inc.

Court of Appeals for the Third Circuit

Decided December 11, 2007No. 06-2216, 06-3274UnpublishedCited by 4 opinions

1Opinion of the Court

OPINION

•McKEE, Circuit Judge.

The Basketball Marketing Company, Inc. d/b/a AND 1 and BMC Players, Inc. (collectively “AND 1” or “Plaintiffs”) appeal the verdict the trial court entered in favor of Tim Gittens a/k/a “Headache,” in this trademark infringement action, as well as the attorney’s fees the court awarded to Gittens. 1 For the reasons that follow, we will affirm the verdict in favor of Gittens, but reverse the order awarding Gittens attorney’s fees.

I

Inasmuch as we write primarily for the parties who are familiar with this case, we need not set forth the factual or procedural background…

2Cases cited13 opinions

  1. Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd.Supreme Court of the United States · 2005
  2. A&h Sportswear, Inc Mainstream Swimsuits, Inc. v. Victoria's Secret Stores, Inc. Victoria's Secret Catalogue, IncCourt of Appeals for the Third Circuit · 2000
  3. Interpace Corporation v. Lapp, Inc.Court of Appeals for the Third Circuit · 1983
  4. Securacomm Consulting, Inc. v. Securacom Inc.Court of Appeals for the Third Circuit · 2000
  5. Berg Chilling Systems, Inc. v. Hull Corporation Sp Industries, IncCourt of Appeals for the Third Circuit · 2006

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3Cited by4 opinions

  1. Brown & Brown, Inc. v. ColaDistrict Court, E.D. Pennsylvania · 2010
  2. Delaware Valley Financial Group, Inc. v. Principal Life InsuranceDistrict Court, E.D. Pennsylvania · 2009
  3. Dentsply Sirona Inc. v. Net32, Inc.District Court, M.D. Pennsylvania · 2020
  4. INVENTEL PRODUCTS, LLC v. LIDistrict Court, D. New Jersey · 2019

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