October 31, 1988
NOVAK, FRANKLYN, PETITIONER
MUTUAL OF OMAHA INSURANCE COMPANY
ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT; Reported below: 836 F.2d 397.
Rehnquist, Brennan, White, Marshall, Blackmun, Stevens, O'Connor, Scalia, Kennedy
The petition for a writ of certiorari is denied.
JUSTICE WHITE, dissenting.
A question presented in this case is whether a district court's finding of a likelihood of confusion in a trademark infringement matter under Section 43(a) of the Lanham Act, 15 U. S. C. § 1125(a), is reviewable under the "clearly erroneous" standard, as a finding of fact, or de novo, as a conclusion of law. I have noted before that federal courts disagree over this question. See Euroquilt, Inc. v. Scandia Down Corp., 475 U. S. 1147 (1986) (WHITE, J., dissenting from denial of certiorari); Elby's Big Boy of Steubenville, Inc. v. Frisch's Restaurants, Inc., 459 U. S. 916 (1982) (same). I would grant certiorari to resolve the conflict.
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