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· 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 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.