· 2/17/2009
La Resolana Architects, PA v. Reno, Inc.
Citations
- 555 F.3d 1171
- 89 U.S.P.Q. 2d (BNA) 1721
- 2009 U.S. App. LEXIS 2898
- 2009 WL 367841
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that a district court does not commit clear error simply by choosing to credit the testimony of one witness over another
- holding there was “no basis” for a Lanham Act claim, given the district court’s factual findings that “neither [of the defendants] made any false or misleading oral or written statements or representations”
- observing a plaintiff may prove copying either with direct evidence of copying or by showing access and “probative similarities”
- noting district “court did not commit clear error simply because it chose to credit” one witness’s testimony over another
- analyzing New Mexico Unfair Practices Act claims together with Lanham Act claims of false designation of origin
- “Striking similarity exists when the proof of similarity in appearance is so striking that the possibilities of independent creation, coincidence and prior common source are, as a practical matter, precluded.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Briscoe, Gorsuch, Holmes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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