Dedication & Everlasting Love to Animals v. Humane Society of the United States, Inc.

Dedication and Everlasting Love to Animals (DELTA) appeals the judgment of the district court in favor of the Humane Society of the United States (Humane Society). We affirm the judgment of the district court.

PROCEEDINGS

On August 24, 1992, DELTA filed a complaint in federal district court against Humane Society alleging the following:

DELTA is a nonprofit California corporation which rescues animals abandoned in the wilderness areas of Southern California, provides shelter for them, and attempts to find adopted homes for them; its activities are supported by public donations, obtained by such means as direct mail appeals. DELTA currently operates three shelters in the County of Los Angeles caring for approximately 750 dogs and cats. Humane Society is a Washington, D.C.-based corporation whose purpose is to promote the humane treatment of animals; its activities are supported by public donations obtained by such means as direct mail appeals.

DELTA further alleged that it and Humane Society are in direct competition in a geographic market that is nationwide; that the activities of both affect interstate commerce as income is generated from across the nation and as the United…