Legal Opinion

Warwood v. Hubbard

Montana Supreme Court

Decided November 19, 1985No. 85-053PublishedCited by 5 opinions

1Opinion of the CourtJustice Hunt

Plaintiff-appellant, Warwood, appeals an order of the Gallatin County District Court denying his motion for preliminary injunction to enjoin defendant-respondent from using the name “Yellowstone Outfitters” in conjunction with outfitting services. We affirm.

Appellant and respondent both offer outfitting services near Yellowstone Park, and both operate under the name “Yellowstone Outfitters.” Documentary evidence shows respondent was using the name in 1979, while appellant’s first documented use was in 1980. Neither party knew of the other’s use of the name until 1984.

The appellant raises…

2Cases cited2 opinions

  1. Canal Co. v. ClarkSupreme Court of the United States · 1872
  2. Esselstyn v. HolmesMontana Supreme Court · 1911

3Cited by5 opinions

  1. The Forschner Group, Inc. And Swiss Army Brands, Ltd. v. Arrow Trading Co. Inc.Court of Appeals for the Second Circuit · 1994
  2. Planned Parenthood v. StateMontana Supreme Court · 2022
  3. Bayside Community Ambulance Corps., Inc. v. Glen Oaks Volunteer Ambulance Corps., Inc.District Court, E.D. New York · 2024
  4. HOLLYWOOD LAWYERS ONLINE, Trademark Trial and Appeal Board2014
  5. Spirits of New Merced, LLC, Trademark Trial and Appeal Board2007

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API