Fun-Damental Too, Ltd. v. Gemmy Industries Corp. Kay-Bee Toy & Hobby Shops, Incorporated

How courts have described this case

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

• stating that fimctionality requires showing that “the features in question are essential to effective competition in a particular market”
• holding that direct testimony from plaintiff’s sales manager regarding customer complaints was not hearsay since “[t]he testimony in question was not offered to prove” the truth of the matter asserted “but was probative on declarant’s confusion” and that Rule 803(3
• finding that testimony from a single employee regarding actual confusion was “sufficient to support a finding of actual confusion at the preliminary injunction stage”
• looking at product in context of packaging is proper method of analyzing open-style packaging for trade dress protection
• affirming a district court's grant of a preliminary injunction in a Lanham Act action, where the district court found actual confusion based on a sales manager’s testimony regarding consumer complaints
• admitting sales manager's statements relating customer complaints as being probative of customer confusion

Source: CourtListener parenthetical corpus (CC0).