· 4/8/2015
Nola Spice Designs, L.L.C. v. Haydel Enterprises, Inc.
Citations
- 783 F.3d 527
- 114 U.S.P.Q. 2d (BNA) 1470
- 2015 U.S. App. LEXIS 5693
- 2015 WL 1600689
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “[t]rademark infringement claims are governed by the Lanham Act.”
- noting that the Fifth Circuit relies on the spectrum set forth in Abercrombie to determine the distinctiveness of a word mark
- noting that the “probative value of advertising depends on the presence of data regarding its reach, frequency, and duration”
- finding that a three-and-a-half year period before the accused product entered the market was brief and did not create a factual issue with respect to secondary meaning
- finding that no reasonable juror could find that imagination was required to link MARDI GRAS BEAD DOG with clothing bearing an image of a Mardi Gras bead dog
- stating that where the nonmovant bears the burden of proof at trial, the movant may merely point to the absence of evidence to shift the burden to the non-movant
Source: CourtListener parenthetical corpus (CC0).
Judges: King, Graves, Higginson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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