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

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-15914 · judgment April 20, 2020

Certiorari denied · January 25, 2021
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 circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a business respondent.

Question presented

Does the Ninth Circuit’s refusal to disgorge profits in this case of intentional infringement involving the identical mark on identical products conflict with this Court’s decision in Mishawaka Rubber & Woolen Mfg. Co. v. S. S. Kresge Co., 316 U.S. 203 (1942), and the Circuit courts’ interpretation of Mishawaka, mandating disgorgement of profits to deter infringement, even when direct competition or diverted sales cannot be shown?

Counsel of record

For petitioner
Corey Matthew Eschweiler
ER Injury Attorneys

For respondent
—

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 25 2021
    Petition DENIED.
  2. Jan 06 2021
    DISTRIBUTED for Conference of 1/22/2021.
  3. Nov 17 2020
    Petition for a writ of certiorari filed. (Response due December 21, 2020)