Logourl black
From our private database of 14,200+ case briefs...

International Order of Job’s Daughters v. Lindeburg & Co.

United States Court of Appeals for Ninth Circuit
633 F.2d 912 (1980)


Facts

The International Order of Job’s Daughters (Job’s Daughters) (plaintiff) was a fraternal organization for young women. Since 1921, Job’s Daughters used an emblem as an unregistered collective mark. Job’s Daughters authorized one jeweler to create jewelry using the emblem, but many retailers sold jewelry bearing the emblem made by unauthorized jewelers. One of these jewelers, Lindeburg and Co. (defendant), asked Job’s Daughters to become an official jeweler in 1957. Job’s Daughters declined. Lindeburg continued the unauthorized use of the Job’s Daughters emblem. In 1975, Job’s Daughters sued Lindeburg for alleged infringement of Job’s Daughters’s common-law trademark rights. Job’s Daughters pleaded diversity jurisdiction and did not expressly state a Lanham Act claim but relied exclusively on federal trademark cases in its briefings. Applying federal law, the trial court entered judgment in favor of Job’s Daughters. Lindeburg appealed.

Rule of Law

Issue

Holding and Reasoning (Fletcher, 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 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read 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. Read more about Quimbee.

Here's why 251,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 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.