· 3/24/1989
Schwinn Bicycle Company v. Ross Bicycles, Inc.
Citations
- 870 F.2d 1176
- 1989 WL 25488
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “a product’s trade dress is the overall image used to present it to its purchasers,” whereas a “trademark on the other hand is thought of as something more specific, such as a logo”
- \the district court has discretion to determine the evidentiary weight to be given any single factor.\
- “the district court has discretion to determine the evidentiary weight to be given any single factor.”
- “A feature is functional if it is one that is costly to design around or do without, rather than one that is costly to have.”
- “A preliminary injunction is a very serious remedy, ‘never to be indulged in except in a case clearly demanding it.’”
- “The fact that Ross failed to introduce cost studies may very well be determinative of whether Ross has sustained its burden on the question of functionality... .”
Source: CourtListener parenthetical corpus (CC0).
Judges: Coffey, Flaum, Easterbrook
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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