TIMES MIRROR MAGAZINES v. FIELD & STREAM

Docket No. 01-7011.

294 F.3d 383 (2002)

TIMES MIRROR MAGAZINES, INC., Plaintiff-Counter-Defendant-Appellant, v. FIELD & STREAM LICENSES COMPANY & Jerome V. Lavin, Defendants-Counter-Claimants-Appellees.

United States Court of Appeals, Second Circuit.

Last Supplemental Briefing Received: December 10, 2001.

Decided: June 26, 2002.


Attorney(s) appearing for the Case

Thomas C. Morrisson, Patterson, Belknap, Webb & Tyler, LLP, New York, N.Y. (Ilene J. Strauss, of counsel, on the brief); Katten Muchin Zavis (Anthony J. McShane, of counsel), Chicago, IL, on the brief, and Douglass B. Maynard, Associate General Counsel Time, Inc., on the brief, for Plaintiff-Counter-Defendant-Appellant.

Roger L. Zissu, Fross, Zelnick, Lehrman & Zissu, P.C. (Craig S. Mende and Tamar Niv, of counsel, on the brief), New York, NY, for Defendants-Counter-Claimants-Appellees.

Before: FEINBERG, CARDAMONE, and POOLER, Circuit Judges.


POOLER, Circuit Judge.

Times Mirror Magazines, Inc. ("TM") owns and publishes Field & Stream Magazine. TM,1 and its predecessor in interest, the Columbia Broadcasting System ("CBS"), entered into a series of agreements with defendants to govern the use of the name Field & Stream as a trademark. At the core of this appeal lies TM's contention that the agreements left TM with a residual common law right to use the mark in connection...

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