Opinion · Supreme Court of the United States

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

434 U.S. 1070

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1978-02-21
Topic
general

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

Citator

UpLaw has not yet analyzed Harris v. Fireman's Fund American Life Insurance Co.. The absence of a flag is not a finding that it is good law.

Cited by
133 opinions

C. A. 7th Cir. Certiorari denied.