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· 1/11/1995

Lone Star Steakhouse & Saloon, Incorporated Max Shayne, Incorporated v. Alpha of Virginia, Incorporated, D/B/A Lone Star Grill

Citations

  • 43 F.3d 922
  • 33 U.S.P.Q. 2d (BNA) 1481
  • 31 Fed. R. Serv. 3d 1082
  • 1995 U.S. App. LEXIS 416
  • 1995 WL 8240

How courts have described this case

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

  • holding that plaintiff need only show defendant’s use of a “colorable imitation of the trademark”
  • indicating that regardless of the strength of the plaintiff's trademark, other factors may be determinative
  • noting that the plaintiff showed “a strong likelihood of confusion sufficient to warrant an injunction for trademark infringement”
  • finding that, when a defendant is found liable for trademark infringement, “an injunction is the preferred remedy to insure that future violations will not occur”
  • noting that a junior user obtained seniority over the original 11 user by receiving an assignment of rights from a third-party user
  • noting that the test for a false designation of origin and unfair competition claim is essentially the same as the test for trademark infringement

Source: CourtListener parenthetical corpus (CC0).

Judges: Russell, Hamilton, Sprouse

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.