Legal Opinion

Marketing Displays, Inc. v. Traffix Devices, Inc.

Court of Appeals for the Sixth Circuit

Decided December 29, 1999No. Nos. 97-1148, 97-2096 and 97-2097PublishedCited by 28 opinions

1Opinion of the Court

*932OPINION

BOGOS, Circuit Judge.

This consolidated appeal concerns three related but distinct disputes between the parties. Marketing Devices, Inc. (owner of the WindMaster trademark) claims that TrafFix Displays, Inc. (owner of the Wind-Buster trademark) has infringed its trademark, infringed its trade dress, and violated federal unfair competition laws in the process. TrafFix denies these charges, and counterclaims that MDI, by aggressively pursuing sham litigation to extend its patent, has violated § 2 of the Sherman Antitrust Act, which prohibits attempts to monopolize. MDI’s unfair…

2Cases cited34 opinions

  1. Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.Supreme Court of the United States · 1961
  2. Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992
  3. Inwood Laboratories, Inc. v. Ives Laboratories, Inc.Supreme Court of the United States · 1982
  4. Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc.Supreme Court of the United States · 1993
  5. Amf Incorporated, a Corporation v. Sleekcraft Boats, a Sole Proprietorship, and Bruce E. Nescher, an IndividualCourt of Appeals for the Ninth Circuit · 1979

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3Cited by28 opinions

  1. Kos Pharmaceuticals, Inc. v. Andrx Corporation Andrx Laboratories, IncCourt of Appeals for the Third Circuit · 2004
  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. Abercrombie & Fitch Stores, Inc. v. American Eagle Outfitters, Inc.Court of Appeals for the Sixth Circuit · 2002
  4. Herman Miller, Inc., Plaintiff-Appellant/cross-Appellee v. Palazzetti Imports and Exports, Inc., Defendant-Appellee/cross-AppellantCourt of Appeals for the Sixth Circuit · 2001
  5. Jet, Inc. v. Sewage Aeration SystemsCourt of Appeals for the Federal Circuit · 2000

23 more not listed; retrieve them via the Exa API.

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