PHILIP MORRIS USA, INC. v. KING MOUNTAIN TOBACCO CO.

No. 06-36066.

552 F.3d 1098 (2009)

PHILIP MORRIS USA, INC., Plaintiff-Appellant, v. KING MOUNTAIN TOBACCO COMPANY, INC.; Mountain Tobacco; Delbert L. Wheeler, Sr.; Richard Kip Ramsey, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 20, 2009.


Attorney(s) appearing for the Case

Daniel P. Collins (argued), Kelly M. Klaus, Adam B. Badwai, Munger, Tolles & Olson, LLP, Los Angeles, CA, ; Roberta L. Horton, Arnold & Porter, LLP, Washington, DC; Leslie R. Weatherhead, William M. Symmes, Witherspoon, Kelly, Davenport & Toole, Spokane, WA, for the plaintiff-appellant.

J. Michael Keyes, Theresa L. Keyes, and Bart J. Freedman, Kirkpatrick & Lockhart Preston Gates Ellis LLP, Spokane, WA, for the defendants-appellees.

Opinion by Judge MCKEOWN; Concurrence by Judge WILLIAM A. FLETCHER.


McKEOWN, Circuit Judge:

This case is yet another of the difficult Indian jurisdiction cases considered by this court. The precise question presented is whether there is colorable tribal court jurisdiction over a nonmember's federal trademark and related state law claims against tribal defendants for alleged passing off of cigarettes on the Internet, on the reservation of another tribe, and else-where. Philip Morris USA, Inc. manufactures and markets Marlboro cigarettes...

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