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· 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 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.