Quimbee logo
DMCA.com Protection Status
From our private database of 17,300+ case briefs...

Stanfield v. Osborne Industries, Inc.

United States Court of Appeals for the Tenth Circuit
52 F.3d 867 (10th Cir. 1995)


Phillip Stanfield (plaintiff) designed a heating pad for newborn hogs and other agricultural products. Stanley and Ronald Thibault were the president and vice-president of Osborne Industries, Inc. (Osborne) (defendants). Osborne manufactured Stanfield’s products in exchange for royalties on the sales. Osborne also hired Stanfield as an employee. When Osborne decided to develop a trademark for Stanfield’s products, Stanfield insisted that the word “Stanfield” appear in the mark. Osborne agreed, and entered into a licensing agreement with Stanfield to license the Stanfield mark for 15 years. Osborne developed two marks using the word “Stanfield” and registered the marks with the Patent and Trademark Office. Two months later, Stanfield resigned from Osborne and was no longer involved with the company in any way. After Stanfield’s 15-year licensing agreement with Osborne expired, Osborne continued to use the marks over Stanfield’s objection. Among other claims, Stanfield sued Osborne for trademark infringement. Osborne argued that Stanfield had abandoned his rights to the marks by executing a naked license with Osborne. A naked license gives a licensee use of a trademark without the licensor exercising control over the quality of type of goods bearing the mark. The district court found for Osborne. Stanfield appealed.

Rule of Law


Holding and Reasoning (Tacha, 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 457,000 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 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,300 briefs, keyed to 984 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.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial