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Progressive Lawn Managers, Inc. v. Lawn Managers, Inc.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 18-2658 · judgment May 20, 2020


Certiorari denied · November 9, 2020
Pre-decision estimate: 6% cert probability (95% interval 3%–10%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eighth Circuit decision below, and a dissent in the court below (flagged in the petition), and down for a business respondent.

Questions presented

  1. Whether in a trademark infringement case in which it is necessary for the federal court to construe state-court divorce orders governing the rights and obligations of the parties relevant to unclean hands and where there are ongoing parallel state-court proceedings involving enforcement of those same orders, the federal court may disregard the state-court constructions of the divorce orders and contradictorily construe such orders on the sole basis that the federal case is a “trademark infringement action in federal court.”

  2. Whether in the situation where the licensor of a mark purposefully allows the licensee to use the mark to deceive the public into thinking the licensee is the licensor and the licensor retains and exercises no control over the quality of services provided under the mark, the finding of mark abandonment compelled by the Lanham Act may be avoided solely on the basis of a prior relationship between the licensor and licensee, even where that relationship turns hostile before and during the license period.

Counsel of record

For petitioner
Don V. Kelly
Evans & Dixon, LLC

For respondent
Susan Nell Rowe
Rowe Law Office, LLC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 09 2020
    Petition DENIED.
  2. Oct 21 2020
    DISTRIBUTED for Conference of 11/6/2020.
  3. Oct 15 2020
    Waiver of right of respondent Lawn Managers, Inc. to respond filed.
  4. Sep 28 2020
    Petition for a writ of certiorari filed. (Response due November 2, 2020)