· 10/25/1999
Lockheed Martin Corporation, Plaintiff-Counter-Defendant-Appellant v. Network Solutions, Inc., Defendant-Counter-Claimant-Appellee
Citations
- 194 F.3d 980
- 52 U.S.P.Q. 2d (BNA) 1481
- 44 Fed. R. Serv. 3d 1207
- 99 Daily Journal DAR 10923
- 99 Cal. Daily Op. Serv. 8534
- 1999 U.S. App. LEXIS 26771
- 1999 WL 965618
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that “no appellate court or statute has yet established the cause of action” for contributory dilution and that it would require proof of “encouraging others to dilute”
- holding that prejudice would occur if leave 13 to amend were granted because discovery would need to be reopened
- stating that the solution to difficulties faced by trademark owners on the internet is innovation
- stating that “[a] need to reopen discovery and therefore delay the proceedings supports a district court’s finding of prejudice from a delayed motion to amend....”
- suggesting that it is less prejudicial when a motion to 21 amend does not require reopening discovery
- recognizing delay alone is “not a dispositive factor in the amendment analysis”; however, 4 circumstances exist where delay will result in prejudice
Source: CourtListener parenthetical corpus (CC0).
Judges: Nelson, Reinhardt, Trott
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.