Stone Creek, Inc. v. Omnia Italian Design, Inc.

Justia Dockets & Filings Ninth Circuit U.S. Court of Appeals, Ninth Circuit Stone Creek, Inc. v. Omnia Italian Design, Inc.

Stone Creek, Inc. v. Omnia Italian Design, Inc.

Plaintiff - Appellant,:	STONE CREEK, INC., an Arizona corporation
Defendant - Appellee,:	OMNIA ITALIAN DESIGN, INC., a California corporation
Case Number:	15-17418
Filed:	December 9, 2015
Court:	U.S. Court of Appeals, Ninth Circuit
Nature of Suit:	Trademark

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Date Filed	Document Text
August 30, 2017	Filing 9029319498 Filed order and amended opinion (M. MARGARET MCKEOWN, CONSUELO M. CALLAHAN and GORDON J. QUIST). Amending Disposition Opinion AFFIRMED IN PART, REVERSED IN PART AND REMANDED;The opinion filed on July 11, 2017, and appearing at 862 F.3d 1131, is hereby amended as follows: on page 1140, Omnia asserts that its use of Stone Creek s mark is protected under the Tea Rose Rectanus doctrine and argues that we may affirm the district court s judgment of no liability on this alternative basis. is replaced with The Tea Rose Rectanus doctrine is an affirmative defense separate and apart from the underlying infringement claim. 5 McCarthy, supra, 26:4. Omnia asserts that its use of Stone Creek s mark is protected under that doctrine and argues that we may affirm the district court s judgment of no liability on this alternative basis. With this amendment, Judges McKeown and Callahan vote to deny the petition for rehearing en banc, and Judge Quist so recommends. The full court has been advised of the petition for rehearing en banc, and no active judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. The petition for rehearing en banc is denied. No further petitions for panel or en banc rehearing shall be permitted. [10563520] [15-17418, 16-15304]

Date Filed

Document Text

August 30, 2017

Filing 9029319498 Filed order and amended opinion (M. MARGARET MCKEOWN, CONSUELO M. CALLAHAN and GORDON J. QUIST). Amending Disposition Opinion AFFIRMED IN PART, REVERSED IN PART AND REMANDED;The opinion filed on July 11, 2017, and appearing at 862 F.3d 1131, is hereby amended as follows: on page 1140, Omnia asserts that its use of Stone Creek s mark is protected under the Tea Rose Rectanus doctrine and argues that we may affirm the district court s judgment of no liability on this alternative basis. is replaced with The Tea Rose Rectanus doctrine is an affirmative defense separate and apart from the underlying infringement claim. 5 McCarthy, supra, 26:4. Omnia asserts that its use of Stone Creek s mark is protected under that doctrine and argues that we may affirm the district court s judgment of no liability on this alternative basis. With this amendment, Judges McKeown and Callahan vote to deny the petition for rehearing en banc, and Judge Quist so recommends. The full court has been advised of the petition for rehearing en banc, and no active judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. The petition for rehearing en banc is denied. No further petitions for panel or en banc rehearing shall be permitted. [10563520] [15-17418, 16-15304]

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Plaintiff - appellant,: STONE CREEK, INC., an Arizona corporation
Represented By:	Joshua Lloyd Benson
Represented By:	Adam Smith
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Defendant - appellee,: OMNIA ITALIAN DESIGN, INC., a California corporation
Represented By:	Daniel C. DeCarlo
Represented By:	Daniel R. Lewis
Represented By:	Lann G. McIntyre
Represented By:	Jeffry A. Miller
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