Legal Opinion
Surgicenters of America, Inc., an Arizona Corporation v. Medical Dental Surgeries, Co., an Oregon Corporation Dba Medical Dental Surgicenters
Court of Appeals for the Ninth Circuit
Decided August 22, 1979No. 77-2490PublishedCited by 88 opinions
1Opinion of the Court
JAMESON, District Judge:
Appellant, Surgicenters of America, Inc. (Surgicenters), brought this action against appellee, Medical Dental Surgeries Co., dba Medical Dental Surgicenters (Medical), under the Trademark Act of 1946 as amended, 15 U.S.C. § 1051 et seq., for infringement of its registered service mark, “Surgicenter.” The parties filed cross-motions for summary judgment, based upon agreed facts, 45 exhibits, answers to interrogatories, and two depositions. The district court denied appellant’s motion and granted appellee’s motion, finding “Surgicenter” was not a lawfully registered…
2Cases cited28 opinions
- Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1976
- Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
- Maternally Yours, Inc. v. Your Maternity Shop, Inc.Court of Appeals for the Second Circuit · 1956
- Union Carbide Corporation v. Ever-Ready Incorporated, a Corporation, and Mark Gilbert, an IndividualCourt of Appeals for the Seventh Circuit · 1976
- Hamilton-Brown Shoe Co. v. Wolf Brothers & Co.Supreme Court of the United States · 1916
23 more not listed; retrieve them via the Exa API.
3Cited by88 opinions
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- Boston Duck Tours, LP v. Super Duck Tours, LLCCourt of Appeals for the First Circuit · 2008
- Co-Rect Products, Inc. v. Marvy! Advertising Photography, Inc.Court of Appeals for the Eighth Circuit · 1985
- Rodeo Collection, Ltd. v. West SeventhCourt of Appeals for the Ninth Circuit · 1987
83 more not listed; retrieve them via the Exa API.