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