Go-Video, Inc. v. Matshushita Electrical Industrial Co.

Good Law
11 F.3d 1460
United States Court of Appeals for the Ninth CircuitDecember 15, 1993No. 92-16709California3,401 words

Opinion

Lead Opinion

Kleinfeld, J.

We resolve three issues in this appeal. They involve collateral estoppel in antitrust claims, standing in antitrust claims, and trademark infringement. On all three we affirm the district court’s judgment in favor of defendants.

Facts

Go-Video sells a videoeassette recorder which has two decks in one machine. This facilitates watching one program from a tape while recording another from a television signal, and copying one tape onto another.' When the complaint was filed, Go-Video was the only producer of a two-deck VCR. All other manufacturers sold single-deck VCRs. Go-Video alleges that its competitors conspired to prevent introduction of dual-deck VCRs to the United States by agreeing that they would refuse to manufacture such VCRs or deal with manufacturers or sellers of dual-deck VCRs. .It further claims that the competitors have conspired to monopolize the market for consumer electronics products in general.

Go-Video has registered a trademark, VCR-2®, for its machine. Competitors, which make receivers and other machines to which two videoeassette recorders may be attached, have labeled the terminals on the backs of their machines “VCR-1” and “VCR-2,” with and without the…

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