Reno Air Racing Association, Inc. v. McCord

452 F.3d 1126 (2006)

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Reno Air Racing Association, Inc. v. McCord

United States Court of Appeals for the Ninth Circuit
452 F.3d 1126 (2006)

AR

Facts

Reno Air Racing Association, Inc. (plaintiff) operated an annual air show. Jerry McCord (defendant) sold t-shirts and other merchandise depicting the Reno Air Races just outside the gates of the air show. Reno Air filed an ex parte motion for a temporary restraining order that prohibited McCord from making items that bore trademarks similar to a referenced outside photograph of one of McCord’s t-shirts or confusingly similar variations thereof. McCord was unclear on what exact images on his merchandise were banned, and McCord could not find an attorney to advise him. Consequently, McCord stopped selling the t-shirt in the picture, but he continued to sell other merchandise with “Reno Air Races,” planes, and pylons on them. Reno Air filed a motion for civil contempt against McCord. The district court found McCord in contempt, and McCord appealed.

Rule of Law

Issue

Holding and Reasoning (McKeown, J.)

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