COHN v. PETSMART, INC.

No. 00-35328.

281 F.3d 837 (2002)

Mike COHN, D.V.M., Plaintiff-Appellant, v. PETSMART, INC., a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 12, 2002.


Attorney(s) appearing for the Case

Ken J. Pedersen, Pedersen & Company, PLLC, Boise, ID, for appellant.

John W. Crittenden, Kathryn M. Wheble, Nate A. Garhart, Cooley Godward LLP, San Francisco, CA, for the appellee.

Before: BROWNING, WALLACE, and T.G. NELSON, Circuit Judges.


OPINION

PER CURIAM.

Dr. Mike Cohn appeals the district court's grant of summary judgment on his claim that Petsmart infringes his trademark "Where Pets are Family." He presents two issues: 1) whether the amount in controversy required for diversity jurisdiction was satisfied, and 2) whether there is a likelihood of confusion in Petsmart's use of Cohn's mark. We hold the amount in controversy requirement was met and that there is no likelihood of confusion...

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