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· 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 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.