· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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