THE PROCTER & GAMBLE CO. v. HAUGEN

No. 03-4234.

427 F.3d 727 (2005)

THE PROCTER & GAMBLE COMPANY, and the Procter & Gamble Distributing Company, Plaintiffs-Appellants, v. Randy L. HAUGEN, Freedom Tools Incorporated, Freedom Associates, Inc., Steven E. Brady, Stephen L. Bybee, Eagle Business Development, Inc., Ted Randall Walker, and Walker International Network, Defendants-Appellees. Microsoft Corporation, Exxonmobil Corporation, Nike, Inc., and Lawyers for Civil Justice, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

October 19, 2005.


Attorney(s) appearing for the Case

Arthur R. Miller, Cambridge, MA (Tracy H. Fowler, Michael D. Zimmerman, and James D. Gardner, Snell & Wilmer, Salt Lake City, UT, and Stanley M. Chesley and Paul M. DeMarco, Waite Schneider Bayless & Chesley Co., LPA, Cincinnati, OH, with him on the briefs), for plaintiffs-appellants.

Joseph J. Joyce (Kristin A. VanOrman and James D. Franckowiak with him on the briefs), Strong & Hanni, Salt Lake City, UT, for defendants-appellees.

David H. Remes, Covington & Burling, Washington, DC, for Microsoft Corporation, ExxonMobil Corporation, Nike, Inc., and Lawyers for Civil Justice, as Amici Curiae.

Before KELLY, BRISCOE, and LUCERO, Circuit Judges.


BRISCOE, Circuit Judge.

In 1995, the Procter & Gamble Company and the Procter & Gamble Distributing Company (hereinafter jointly referred to in the singular as P & G) filed this action against the Amway Corporation (Amway) and certain of its distributors asserting claims under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), and Utah common law. The district court's subject matter jurisdiction was based on 28 U.S.C. §§ 1331, 1332, and...

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