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.