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· 4/18/2000

Enrique Bernat F., S.A. v. Guadalajara, Inc.

Citations

  • 210 F.3d 439
  • 54 U.S.P.Q. 2d (BNA) 1497
  • 2000 U.S. App. LEXIS 6941
  • 2000 WL 422919

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “chupa” is generic for lollipops in Spanish, relying on record evidence of multiple firms using “chupa” in product names for lollipops
  • recognizing the doctrine of foreign equivalents “requires courts to translate foreign words into English to test them for genericness or descriptiveness”
  • \explanation for denying trademark protection to generic foreign words is that Spanish-speakers in the U.S. will understand 'chupa' to be generic [for lollipop]\
  • “chupa,” which is slang for lollipop in Spanish, is a generic term
  • stating required elements to grant TRO

Source: CourtListener parenthetical corpus (CC0).

Judges: Garza, Higginbotham, Benavides

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.