Document Type

Article

Publication Date

2-6-1992

Abstract

It sometimes is difficult even for an expert to distinguish between real diamonds and paste. We are called upon to identify the real Diamonds in a dispute between two competing vocal groups. Plaintiff-appellant Glenn Stetson appeals from a judgment entered in the United States District Court for the Southern District of New York (Martin, J.) declaring that defendants-appellees Howard D. Wolf & Associates, Howard D. Wolf, and Bob Duncan (collectively, the "Duncan Group") have the exclusive right to use the trade name and trademark "the Diamonds" for a singing group, and permanently enjoining plaintiff-appellant Stetson from future use of the name and mark. Stetson brought this action in an effort to have himself declared sole owner of the trade name used by his singing group. The district court found no merit in Stetson's assertion of legal title to the Diamonds name. In particular, the trial judge found that the trade name's original owner, Nathan D. Goodman, never abandoned the name and properly conveyed all interest in it to the Duncan Group's predecessors in interest.

Stetson argues on appeal that the district court, in determining his claim that Goodman abandoned the mark, should have applied the standard formulated in Silverman v. CBS Inc., 870 F.2d 40 (2d Cir.1989). The Duncan Group contends that even under that test, the court reached the correct result. We believe the district court erred in failing to apply the standards set forth in Silverman, but find that even under the appropriate criteria the Duncan Group must prevail.

Comments

955 F.2d 847 (1992)

Glenn STETSON, Plaintiff-Appellant,

v.

HOWARD D. WOLF & ASSOCIATES; Howard D. Wolf and Bob Duncan, Defendants-Appellees.

Docket 91-7896. United States Court of Appeals, Second Circuit.

Argued November 7, 1991.

Decided February 6, 1992.

New York Law School location: File #1358, Box #129

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