Docket No. 06-2184-cv.

515 F.3d 156 (2008)

AMERICAN EXPRESS CO., Plaintiff-Counter-Defendant-Appellee, v. Stephen G. GOETZ and Gardner Design Group, LLC, Defendants-Counter-Plaintiffs-Appellants.

United States Court of Appeals, Second Circuit.

Decided February 4, 2008.

Attorney(s) appearing for the Case

Keith A. Vogt, Chicago, Illinois (Rolf O. Stadheim, Joseph A. Grear, George C. Sumrnerfield, Stadheim & Grear, Ltd., Chicago, IL; Micah R. Jacobs, Jacobs & Ferraro, LLP, San Francisco, CA, of counsel), for Defendants-Appellants.

Marc J. Rachman, New York, N.Y. (Howard J. Rubin, Shirin Keen, Davis & Gilbert, LLP, New York, NY, of counsel), for Plaintiff-Appellee.

Before: JACOBS, Chief Judge, CARDAMONE, and POOLER, Circuit Judges.


Many might associate the phrase MY LIFE. MY CARD. with advertisements for the American Express credit card featuring celebrity cardholders like Robert De Niro and Tiger Woods. But before American Express Co. (American Express) made the phrase famous, Stephen Goetz, the president of Gardner Design Group, LLC (Goetz), used a virtually identical slogan in a sales pitch to credit card companies. Goetz's idea was to personalize credit cards by reproducing photographs...

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