Australian Gold v. Hatfield

436 F.3d 1228 (2006)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
A
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Australian Gold v. Hatfield

United States Court of Appeals for the Tenth Circuit
436 F.3d 1228 (2006)

Facts

Australian Gold, Inc. (plaintiff) owned various trademarks related to tanning lotions that Australian Gold sold to tanning salons through independent distributors. More than half of the tanning salons in the United States carried Australian Gold’s products. Mark Hatfield and his family (Hatfields) (defendants) resold Australian Gold’s products over the Internet without Australian Gold’s permission. Knowing that Australian Gold objected to the sale of its products over the Internet, the Hatfields concealed their activities by using fictitious names to sell the products. The Hatfields also used Australian Gold’s trademarks on their websites and employed other tactics to divert Internet traffic to their sites. The Hatfields’ websites included language disavowing connections with trademark holders, but the disclaimers did not identify the specific holders. Australian Gold brought suit against the Hatfields for trademark infringement and related claims. At trial, the Hatfields moved for judgment as a matter of law on Australian Gold’s claims under the Lanham Act. The district court denied the motion, and the Hatfields appealed.

Rule of Law

Issue

Holding and Reasoning (Ebel, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 811,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 811,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 811,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Trademark

Key Terms