Truck Equipment Service Company, Appellant-Cross-Appellee v. Fruehauf Corporation, Appellee-Cross-Appellant

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• allowing an award of profits, although for a lesser amount than set by the district court, when defendant had violated § 1125(a) by using pictures of a competitor’s trailer in its ads and by copying the trailer's distinctive external design
• awarding defendant’s profits only from geographical areas where parties directly competed
• awarding defendant's profits only from geographical areas where parties directly competed
• trade dress rights are not acquired by advertising alone; they are acquired by the use of the trade dress in connection with the sale of the product
• district court properly relied on both direct consumer testimony and circumstantial evidence of design copying to find trademark infringement
• finding of nonfunctionality subject to clearly erroneous standard

Source: CourtListener parenthetical corpus (CC0).