United States Third Circuit

In a contract case arising from parties' efforts to resolve a dispute over the use of similar trademarks in their respective clothing lines, a magistrate judge's rulings are affirmed in part where both parties intended an informal document to be a binding contract and no reasonable jury could decide otherwise, and the terms of such document were sufficiently definite to warrant enforcement. However, the case is remanded as the terms agreed to by the parties with respect to certain clauses were not sufficiently unambiguous to permit judicial interpretation of the contract.

Appellate Information

• Argued 05/21/2009
• Decided 09/11/2009
• Published 09/11/2009

Judges

• Before FUENTES, JORDAN, and NYGAARD, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Emily J. Barnhart, Esq., Dennis P. McCooe, Esq., Timothy D. Pecsenye, Esq., Laurence S. Shtasel, Esq., James T. Smith, Esq., Marc E. Weitzman, Esq., Blank Rome, Philadelphia, PA, Susan B. Flohr, Esq., Blank Rome, Charles R. Wolfe, Esq., Blank Rome, Washington, DC, Robert L. Byer, Esq. [Argued], Susan G. Schwochau, Esq., Duane Morris, Pittsburgh, PA, for Appellants.


• For Appellees:
  
• Clay P. Hughes, Esq., Cynthia E. Kernick, Esq., Walter T. McGough, Jr., Esq. [Argued], Kirsten R. Rydstrom, Esq., Richard T. Ting, Esq., Colin E. Wrabley, Esq., Reed Smith, Pittsburgh, PA, Theodore R. Remaklus, Esq., Wood, Herron & Evans, Cincinnati, OH, for Appellees.