· 9/16/2009
Art Attacks Ink, LLC v. MGA Entertainment Inc.
Citations
- 581 F.3d 1138
- 92 U.S.P.Q. 2d (BNA) 1026
- 74 Fed. R. Serv. 3d 887
- 2009 U.S. App. LEXIS 20757
- 2009 WL 2950659
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the sale of 2,000 t-shirts per year was not sufficient to show wide dissemination
- holding that the sale of 2000 t-shirts did not constitute wide dissemination
- holding that the sale of 2,000 t-shirts did not constitute wide dissemination
- holding evidence that the plaintiff sold 2,000 t-shirts per year and displayed its design at county fairs and on the internet was insufficient to show widespread dissemination
- indicating that “direct survey evidence of purchaser perception is not 10 required”
- declining to 20 address remaining two elements after concluding “that a reasonable jury could not find that Art Attack’s trade dress has acquired secondary meaning”
Source: CourtListener parenthetical corpus (CC0).
Judges: Pregerson, Nelson, Thompson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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