In a dispute over a trademark relating to eyelash extension products, summary judgment for defendant is reversed where: 1) the trademark at issue arguably had many of the indicia of a suggestive mark and was therefore entitled to protection; and 2) plaintiffs showed several incidences of actual confusion.
Read Xtreme Lashes, LLC v. Xtended Beauty, Inc., No. 08-20578
Appellate Information
Filed July 15, 2009
Judges
Opinion by Judge DeMoss
In an action for sharing confidential trade information, summary judgment for Defendant is affirmed in part, where the "discovery rule" regarding the statute of limitations was not applicable because Plaintiff's claims did not involve latent injury; but vacated in part, where a prior consent judgment was binding on Defendant as a related party under Fed. R. Civ. P. 65(d)(2)(C).
Read State Indus. Prods. Corp. v. Beta Tech. Inc., No. 08-60620
Appellate Information
Filed July 7, 2009
Judges
Opinion by Judge Garza
