McAirlaids, Inc. v. Kimberly-Clark Corporation

How courts have described this case

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

• holding that the availability of alternative designs was important for assessing functionality of a mark
• finding that, in the context of summary judgment, the relevant inquiry is whether the evidence “presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law”
• noting the relevant inquiry is whether the evidence “presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law”
• “Functionality . . . is a question of fact that, like other factual questions, is generally put to a jury”
• “[C]redibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of a judge.” (citing Liberty Lobby, 477 U.S. at 251–52)
• “It is an axiom that in ruling on a motion for summary judgment, the evidence of the nonmovant is to be believed, and all justifiable inferences are to be drawn in [her] favor.” (cleaned up)

Source: CourtListener parenthetical corpus (CC0).