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

How later courts describe this case

• rulings related to separation of issues for trial pursuant to Rule 42(b) are “unappealable interlocutory order[s]”
• distinguishing failure to hire, which takes place on a particular day from failure to promote, which arises during a lengthy period of time
• adopting seven factors and cited with approval in McGraw-Edison Co. v. Walt Disney Productions, 787 F.2d 1163, 1167-68 (7th Cir.1986)
• “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”
• court specifically found that numerous instances of actual confusion were the direct result of defendant’s use of a similar mark
• 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.”
• "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)
• denial of a motion to dismiss an indictment was not reviewable