United States First Circuit

In a trademark dispute between companies in the hair care industry involving a settlement agreement entered into nineteen years ago in which their predecessors stipulated to the withdrawal of the parties' respective claims and to not object further to the registration of the others' trademark, district court's grant of plaintiff's request for declaratory judgment is affirmed as, notwithstanding possible arguments on each side about potential confusion between their respective phrases, "Great Cuts" and "Great Clips", no evidence is offered that the parties sought only to allow each to register its mark but to reserve for future litigation the practical consequences of registration.

Appellate Information

• Decided 01/05/2010
• Published 01/05/2010

Judges

• BOUDIN, Circuit Judge., Before BOUDIN and SELYA, Circuit Judges, and LAPLANTE,District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Jonathan D. Frieden (pro hac vice)with whom Odin, Feldman & Pittleman, P.C., Bruce E. Falby and DLA Piper LLP (US) were on brief for appellants.


• For Appellees:
  
• Jan M. Conlin with whom Christopher K. Larus, Jonathan D. Mutch and Robins, Kaplan, Miller & Ciresi L.L.P. were on brief for appellee.