United States Tenth Circuit

Dismissal of plaintiff's Lanham Act claim is reversed where the district court abused its discretion in ruling that plaintiff's expert testimony was inadmissible.

Appellate Information

• Decided 10/20/2005
• Published 10/20/2005

Judges

• BRISCOE, Circuit Judge., Before KELLY, BRISCOE, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Arthur R. Miller, Cambridge, MA (Tracy H. Fowler, Michael D. Zimmerman, and James D. Gardner, Snell & Wilmer, Salt Lake City, UT, and Stanley M. Chesley and Paul M. DeMarco, Waite Schneider Bayless & Chesley Co., LPA, Cincinnati, OH, with him on the briefs), for plaintiffs-appellants., David H. Remes, Covington & Burling, Washington, DC, for Microsoft Corporation, ExxonMobil Corporation, Nike, Inc., and Lawyers for Civil Justice, as Amici Curiae.


• For Appellees:
  
• Joseph J. Joyce (Kristin A. VanOrman and James D. Franckowiak with him on the briefs), Strong & Hanni, Salt Lake City, UT, for defendants-appellees.