· 5/18/1984
Sicilia Di R. Biebow & Co. v. Ronald C. Cox and Sales U.S.A., Inc.
Citations
- 732 F.2d 417
- 1984 U.S. App. LEXIS 22353
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- existence of vast number of forms of juice bottles required finding that particular design was nonfunctional
- “The proper focus is whether the defendant had the intent to derive benefit from the reputation or goodwill of plaintiff.”
- inexpensive four-ounce bottles of lemon and lime juice in very similar containers were often “jumbled” together in a produce bin
- design may be distinctive and identifying even though also related to performing a function
- “We think that Cox’s prior role as a distributor of Sicilia’s citrus juice provides additional evidence of his intent to trade on the goodwill of Sicilia”
- the fact that defendant meant to copy plaintiffs’ trade dress “as much as the law would allow” supported finding of intent to benefit from the reputation and good will of the trade dress
Source: CourtListener parenthetical corpus (CC0).
Judges: Reavley, Randall, Higginbotham
Read full opinion on CourtListenerSourced 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.