· 5/6/2010
Shell Co. v. Los Frailes Service Station, Inc.
Citations
- 605 F.3d 10
- 95 U.S.P.Q. 2d (BNA) 1539
- 2010 U.S. App. LEXIS 9311
- 2010 WL 1797198
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an argument developed at oral argument but not in a party's briefs is deemed waived
- noting appellant's failure \to request a filing extension\ as one factor supporting affirmance of order striking untimely summary judgment motion
- “This circuit generally looks to a non-exclusive, multi-factor list to determine whether a likelihood of confusion exists.”
- \Courts have allowed licensees (exclusive or nonexclusive) ... to bring claims pursuant to section 1125(1).\
- “application of those factors to the record is a highly fact-intensive inquiry”
- “signs stating ‘We Do Not Sell Shell Gasoline’ were not enough to avoid likely confusion, not least because customers could only see those signs after they were already at the gas pump.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lynch, Selya, Lipez
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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