United States Tenth Circuit

In deciding whether a district court order "granting" an injunction is appealable under 28 U.S.C. section 1292(a)(1), the court of appeals considers the substance, rather than the form, of the motion and caption of the order. In an intra-family dispute over the use of a family name in the musical instrument industry, an appeal from an order granting an injunction is dismissed for lack of jurisdiction.

Appellate Information

• Decided 02/16/2007
• Published 02/19/2007

Judges

• TACHA, Chief Circuit Judge., Before TACHA, Chief Circuit Judge, TYMKOVICH, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Submitted on the briefs:   Kevin Lynn Wildenstein, SW Intellectual Property Services, LLC, Albuquerque, NM, and Jerry A. Walz and Andrew Knight, Walz & Associates, Cedar Crest, NM, for Defendants-Appellants., Dennis F. Armijo, Esq., Dennis F. Armijo, P.C., Albuquerque, NM, and Judd C. West, Esq., Doughty & West, PA, Albuquerque, NM, for Plaintiff-Appellee.