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DOEBLERS' PENNSYLVANIA HYBRIDS, INC. v. DOEBLER

No. 04-3848.

442 F.3d 812 (2006)

DOEBLERS' PENNSYLVANIA HYBRIDS, INC. v. Taylor DOEBLER, III, an individual; Doebler Seeds LLC d/b/a T.A. Doebler Seeds, Defendants/Third-Party Plaintiffs v. Willard L. Jones; William R. Camerer, III, Third-Party Defendants Taylor Doebler, III, an individual, and Doebler Seeds LLC d/b/a T.A. Doebler Seeds, Appellants.

United States Court of Appeals, Third Circuit.

Decided March 23, 2006.

Attorney(s) appearing for the Case

Rees Griffiths, Barley Snyder, York, PA, John G. Harkins, Jr. (Argued), Steven A. Reed, Harkins Cunningham, Philadelphia, PA, for Appellants.

Lewis F. Gould, Jr., Duane Morris, Philadelphia, PA, Samuel W. Apicelli, Duane Morris, Harrisburg, PA, Jams J. Kutz (Argued), Post & Schell, Harrisburg, PA, for Appellee, Doeblers' Pennsylvania Hybrids, Inc.

Stephen Moniak, Thomas G. Collins, Buchanan Ingersoll, Harrisburg, PA, for Appellees, Willard L. Jones and William R. Camerer, III.

Before: NYGAARD, SMITH, and FISHER, Circuit Judges.

OPINION OF THE COURT

FISHER, Circuit Judge.

In this interlocutory appeal between corn-seed businesses owned by relatives of the founder of the original business, we are asked who owns the founder's surname, Doebler, as a trademark. We are also asked whether defendants — the founder's grandson and his business — have engaged in trademark infringement, trade secret misappropriation, and various other torts and fiduciary breaches. The District...

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