Legal Opinion
Stephen W. Boney, Inc. v. Boney Services, Inc., Stephen W. Boney, Inc. v. Boney Services, Inc.
Court of Appeals for the Ninth Circuit
Decided September 30, 1997No. 96-55469, 96-55576PublishedCited by 76 opinions
1Opinion of the Court
FLETCHER, Circuit Judge:
This case pits brother against brother in a battle for the family name. Tragically, we must resolve this family feud, though we suspect there is no real winner.
Steve Boney, through his corporate alter-ego Stephen W. Boney, Inc. (“SWB”), sued his brothers Stan and Scott Boney, through their corporate alter-ego Boney Services, Inc. (“BSI”), for trademark, trade name, and trade dress infringement. The district court granted summary judgment to BSI, finding that Stan and Scott had continuously used and controlled the name “Boney’s Marketplace” since 1983 and therefore had…
2Cases cited19 opinions
- Fogerty v. Fantasy, Inc.Supreme Court of the United States · 1994
- Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992
- Bagdadi v. NazarCourt of Appeals for the Ninth Circuit · 1996
- Loretta J. Brokeshoulder SCHWARZ, Plaintiff-Appellant, v. SECRETARY OF HEALTH & HUMAN SERVICES, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1995
- Transgo, Inc. v. Ajac Transmission Parts Corp.Court of Appeals for the Ninth Circuit · 1985
14 more not listed; retrieve them via the Exa API.
3Cited by76 opinions
- Clicks Billiards Inc., a Texas Corporation v. Sixshooters Inc., an Arizona Corporation Ronald R. Forbes, a Married Man Jane Doe Forbes, WifeCourt of Appeals for the Ninth Circuit · 2001
- Securacomm Consulting, Inc. v. Securacom Inc.Court of Appeals for the Third Circuit · 2000
- Cairns v. Franklin Mint Co.Court of Appeals for the Ninth Circuit · 2002
- Avery Dennison Corp. v. SumptonCourt of Appeals for the Ninth Circuit · 1999
- Applied Information Sciences Corp. v. eBay, Inc.Court of Appeals for the Ninth Circuit · 2007
71 more not listed; retrieve them via the Exa API.