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· 4/25/2017

United States v. Zepeda-Morales

Citations

  • 687 F. App'x 379

How courts have described this case

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

  • holding the plaintiff's \pendant state law claim[s] ... are likewise dismissed because they are based on the same permissible conduct as its Lanham Act claim.\ (citations omitted)
  • finding artistic relevance where defendant used plaintiff's product for an ironic and humorous purpose within a film
  • applying Rogers and granting motion to dismiss where plaintiff argued that their marks had been used “in commercials and advertisements for the film”
  • considering the allegedly infringing work because it was referred to in the complaint and integral to plaintiff’s claims in making its determination on a motion to dismiss
  • “[T]he discovery [plaintiff] seeks is irrelevant . . . [because there] is no indication that [defendant’s use of plaintiff's marks] use was commercially motivated.”
  • “The Court is satisfied that Warner Bros.’ use of the [plaintiff's luxury] bag (whether intentional or inadvertent) was intended to create an artistic association with Louis Vuitton, and there is no indication that its use was commercially motivated.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Davis, Higginson, Southwick

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.