In a trademark dispute between companies in the hair care industry involving a settlement agreement entered into nineteen years ago in which their predecessors stipulated to the withdrawal of the parties' respective claims and to not object further to the registration of the others' trademark, district court's grant of plaintiff's request for declaratory judgment is affirmed as, notwithstanding possible arguments on each side about potential confusion between their respective phrases, "Great Cuts" and "Great Clips", no evidence is offered that the parties sought only to allow each to register its mark but to reserve for future litigation the practical consequences of registration.
Appeal from the United States District Court for the District of Massachusetts
Decided January 5, 2010
Before: Boudin and Seyla, Circuit Judges, and Laplante, District Judge
Opinion by Boudin, Circuit Judge