Supreme Court of the United States · Official docket →

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

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 15-17418, 16-15304 · judgment August 30, 2017

Certiorari denied · May 14, 2018

Pre-decision estimate: 7% cert probability (95% interval 5%–10%)

Before the decision, about 1.7× the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a petition filed soon after the judgment below, and a circuit split argued in the petition, and down for a business respondent.

Question presented

Does mere knowledge by a junior user of a senior user’s common law trademark destroy good faith under the Tea Rose-Rectanus doctrine, or can a lack of good faith be found only if the junior user acted with a “design inimical” to the senior user’s interests?

Counsel of record

For petitioner
Jeffry Albin Miller
Lewis Brisbois Bisgaard & Smith

For respondent
Corey Matthew Eschweiler
ER Injury Attorneys

Case

Conference history
Distributed for 2 conferences

Proceedings

May 14 2018
Petition DENIED.
Apr 24 2018
DISTRIBUTED for Conference of 5/10/2018.
Apr 09 2018
Brief of respondent Stone Creek, Inc. in opposition filed.
Jan 18 2018
Motion to extend the time to file a response is granted and the time is extended to and including April 9, 2018
Jan 12 2018
Motion to extend the time to file a response from February 7, 2018 to April 9, 2018, submitted to The Clerk.
Jan 08 2018
Response Requested. (Due February 7, 2018)
Dec 27 2017
DISTRIBUTED for Conference of 1/12/2018.
Nov 13 2017
Petition for a writ of certiorari filed. (Response due December 15, 2017)