EPIX, Inc. Prevails Before Ninth Circuit On Trademark
EPIX, Inc. of Buffalo Grove, IL (www.epixinc.com) is pleased with the 19 JUL 1999 decision of the United States Court of Appealsfor the Ninth Circuit in Interstellar Starship Services, Ltd. v. EPIX, Inc.
Interstellar has been using the Internet domain name "epix.com" and had received a grant of summary judgment from the United States District Court stating that its use of the "epix.com" domain name did not infringe EPIX's registered trademark EPIX®. The Court of Appeals reversed the grant of summary judgment to Interstellar and also rejected Interstellar's claim for attorney fees. The Court of Appeals found that there was no cause to disturb the district court's factual finding that Epix did not engage in malicious, bad faith, fraudulent, deliberate or willful conduct.
The case has been remanded to the district court with instructions to consider EPIX's evidence on the strength of its registered trademark EPIX, ISS's intent to deceive customers and EPIX's allegations of actual confusion. EPIX will now have an opportunity to go to trial on its claims of trademark infringement and unfair competition. Trial is expected to occur during June 2000.
Interstellar filed a petition for a rehearing and a petition for rehearingen bancbefore the Court of Appeals. On 02 SEP 99, the Court of Appeals filed an Order denying both petitions.
Interstellar filed a Petition For Writ of Certiorari in the U.S. Supreme Court on 30 NOV 1999. EPIX, Inc. filed its Respondent's Brief In Oppositionon 23 DEC 1999. The case is No. 99-925. On 22 FEB 2000, the Supreme Court entered an order denying Interstellar's petition for a writ of certiorari.
EPIX, Inc. is represented by Peter E. Heuser of Kolisch, Hartwell, Dickinson, McCormack & Heuser of Portland, OR (www.khdmh.com) and Sheldon L. Epstein of Wilmette, IL (www.k9ape.com/law/law.html).
For further information, please E-mail your questions to
Sheldon L. Epstein, Shel@k9ape.com
Law Office of S.L. Epstein
Wilmette, IL 60091-0400
Original 19 JUL 99 - Revised 29 DEC 99 and 24 FEB 00