Harris v. Fireman's Fund American Life Insurance Co.

Parentheticals

• rulings related to separation of issues for trial pursuant to Rule 42(b) are “unappealable interlocutory order[s]”

  Sylvia Averbach v. Rival Manufacturing Company

• distinguishing failure to hire, which takes place on a particular day from failure to promote, which arises during a lengthy period of time

  Joannie Allen Dumas v. Town of Mount Vernon, Alabama

• adopting seven factors and cited with approval in McGraw-Edison Co. v. Walt Disney Productions, 787 F.2d 1163, 1167-68 (7th Cir.1986)

  Kat Video Productions, Inc. v. KKCT-FM Radio

• “damage to the goodwill and prominence of the [plaintiff’s] trademark through public confusion of it with the [respondent’s] trademark is, in itself, an irreparable injury”

  Hypertherm, Inc. v. Precision Products, Inc.

• court specifically found that numerous instances of actual confusion were the direct result of defendant’s use of a similar mark

  Pignons S. A. De Mecanique De Precision v. Polaroid Corp.

• Evans was not applicable since the “allegations of the complaint [in Clark] and testimony in the deposition show that continuing discrimination is under attack. The appellant’s action therefore is not time-barred.”

  Dorothy L. Milton, Eleanor S. Whelan v. Caspar W. Weinberger, Secretary of Defense

• "Advantages built upon a deliberately plagiarized make-up do not seem to us to give the borrower any standing to complain that his vested interests will be disturbed.", quoting My-T Fine Corp. v. Samuels, 69 F.2d 76, 78 (2d Cir.1934)

  Hard Rock Cafe Licensing Corp. v. Pacific Graphics, Inc.

• denial of a motion to dismiss an indictment was not reviewable

  Minnesota v. Pickands Mather & Co.

• “Arm & Hammer” infringed by “Arm in Arm”

  Chassis Master Corp. v. Borrego