BOSTON ATHLETIC ASS'N v. SULLIVAN

No. 88-1352.

867 F.2d 22 (1989)

BOSTON ATHLETIC ASSOCIATION, et al., Plaintiffs, Appellants, v. Mark SULLIVAN, etc., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided January 27, 1989.

As Amended January 31, 1989.


Attorney(s) appearing for the Case

George C. Caner, Jr., with whom John W. Van Lonkhuyzen and Ropes & Gray, Boston, Mass., were on brief, for plaintiffs, appellants.

Stephen M. Trattner, Washington, D.C., Philip W. Tone, Jenner & Block, Lee N. Abrams, and Mayer, Brown & Platt, Chicago, Ill., on brief for U.S. Golf Ass'n, amicus curiae.

Glenn M. Shriberg, Boston, Mass., with whom Dana Ryan Turnbull, Arlington, Mass., and Shriberg & Sorbello, Boston, Mass., were on brief, for defendants, appellees.

Before CAMPBELL, Chief Judge, BOWNES and SELYA, Circuit Judges.


BOWNES, Circuit Judge.

In this service mark infringement case,1 Boston Athletic Association (BAA) and Image Impact, Inc. (Image) appeal the denial of their motion for summary judgment and the concurrent granting of the defendants', Mark Sullivan d/b/a Good Life (Sullivan) and Beau Tease, Inc. (Beau Tease), motion for summary judgment. This case arises out of the sale by the defendants of T-shirts (hereinafter called shirts) and other wearing...

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