American Soccer Co. v. Score First Enterprises

American Soccer appeals from the district court’s order vacating its notice of voluntary dismissal. Because the notice of voluntary dismissal was filed prior to the filing of an answer or motion for summary judgment, we reverse.

FACTS

American Soccer Company, Inc. (“American Soccer”) has sold soccer equipment, uniforms, and other soccer-related merchandise for over ten years under the trademark “Score” and bearing a “Score” logo. In 1995, Kevlar Industries, Inc. (“Kevlar”) formed a division named “Score First,” which in 1996 began selling sports clothing with logos containing the words “Score First.”

On February 10, 1997, after it learned that Score First was selling clothing bearing the “Score First” logo, American Soccer filed a complaint alleging trademark infringement and unfair competition, requested a jury trial, and sought a temporary restraining order. The district court denied the application for a temporary restraining order the same day without a hearing.

On February 21, American Soccer filed a motion for a preliminary injunction. Score First requested, and American Soccer stipulated to, an extension of time for Score First to respond. The court approved the…