Anti-Monopoly, Inc., and Counter-Defendant-Appellant v. General Mills Fun Group, Inc., and Counter-Claimant-Appellee

This is the second appeal in this case. Our first opinion is reported in Anti-Monopoly, Inc. v. General Mills Fun Group, 9 Cir., 1979, 611 F.2d 296 (Anti-Monopoly I). On remand the district court again found that the “Monopoly” trademark was valid and had been infringed by Anti-Monopoly, Inc. Anti-Monopoly, Inc. v. General Mills Fun Group, Inc., N.D.Cal., 1981, 515 F.Supp. 448 (Anti-Monopoly II). We reverse and remand for further proceedings.

I. Prior Proceedings.

General Mills is the successor to Parker Brothers, Inc., which had produced and sold a game it called Monopoly since 1935. Parker Brothers registered “Monopoly” as a trademark in that year. In 1973 Anti-Monopoly, Inc. was established to produce and sell a game it called Anti-Monopoly. General Mills claimed that this infringed its trademark. This action was then brought by Anti-Monopoly, seeking a declaratory judgment that the registered trademark “Monopoly” was invalid, and cancelling its registration. In a counterclaim, General Mills sought declaratory and injunctive relief upholding its trademark, and the dismissal of the action. The case was tried without a jury in 1976. The court entered a judgment for General…