Legal Opinion

Dreamwerks Production Group, Inc. v. Skg Studio, Dba Dreamworks Skg

Court of Appeals for the Ninth Circuit

Decided April 21, 1998No. 96-55595PublishedCited by 213 opinions

1Opinion of the Court

KOZINSKI, Circuit Judge.

Dreamwerks, a company hardly anyone has heard of, sues entertainment colossus DreamWorks SKG, claiming trademark infringement. This is the reverse of the normal trademark infringement case, where the well-known mark goes after a look-alike, sound-alike, feel-alike unknown which is trying to cash in on the famous mark’s goodwill. The twist here is that Dreamwerks, the unknown, was doing business under that name long before DreamWorks was a twinkle in Hollywood’s eye. Dreamwerks is therefore the senior mark, and it argues that its customers will mistakenly think they are…

2Cases cited10 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. 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. Louis Eugene Russell v. Tom Rolfs, SuperintendentCourt of Appeals for the Ninth Circuit · 1990
  5. Della Penna v. Toyota Motor Sales, USA, Inc.California Supreme Court · 1995

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3Cited by213 opinions

  1. Brookfield Communications, Inc. v. West Coast Entertainment CorporationCourt of Appeals for the Ninth Circuit · 1999
  2. 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
  3. Mike Cohn, D.V.M. v. Petsmart, Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 2002
  4. GoTo.Com, Inc. v. Walt Disney Co.Court of Appeals for the Ninth Circuit · 2000
  5. Network Automation, Inc. v. Advanced Systems Concepts, Inc.Court of Appeals for the Ninth Circuit · 2011

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