JOINT STOCK SOCIETY v. UDV NORTH AMERICA, INC.

No. 99-5422.

266 F.3d 164 (2001)

The JOINT STOCK SOCIETY, "Trade House of Descendants of Peter Smirnoff, Official Purveyor to the Imperial Court" and The Russian American Spirits Company, Appellants, v. UDV NORTH AMERICA, INC. and Pierre Smirnoff Company.

United States Court of Appeals, Third Circuit.

September 14, 2001.


Attorney(s) appearing for the Case

James W. Hawkins, (Argued), Hilary Harp, Todd E. Jones, Powell, Goldstein, Frazer, & Murphy LLP, Atlanta, GA, Duncan M. Grant, Pepper Hamilton LLP, Wilmington, DE, Attorneys for Appellants.

Arlin M. Adams, Schnader, Harrison, Segal & Lewis LLP, Philadelphia, PA, Attorney for Amicus Curiae in Support of Appellants.

Allen M. Terrell, Jr. Richards, Layton & Finger, Wilmington, DE, William L. Webber, (Argued), Kenneth W. Brothers, Kelly A. Clement, Charles A. Loughlin, Erik Bertin, Howrey, Simon, Arnold & White, LLP, Washington, DC, Attorneys for Appellees.

Before: BECKER, Chief Judge, and ALITO and FUENTES, Circuit Judges.


OPINION OF THE COURT

ALITO, Circuit Judge:

The Joint Stock Society ("Joint Stock") and the Russian American Spirits Company ("RASCO"), filed this action against UDV North America, Inc. ("UDV") and the Pierre Smirnoff Company, asserting claims under the Lanham Act, 15 U.S.C. § 1051 et seq., for false designation of origin, false advertising, and trademark cancellation. The plaintiffs also raised claims under the Delaware Uniform Deceptive Trade...

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