Fortune Dynamic, Inc. v. Victoria's Secret Stores Brand Mgmt., Inc., No. 08-56291 - U.S. Ninth Circuit
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Fortune Dynamic, Inc. v. Victoria's Secret Stores Brand Mgmt., Inc., No. 08-56291

Fortune Dynamic, Inc. v. Victoria's Secret Stores Brand Mgmt., Inc., No. 08-56291, involved an action by Fortune Dynamic, Inc., the owner of the incontestable trademark DELICIOUS for footwear, against Victoria's Secret for trademark infringement.  The court reversed summary judgment for defendant on the grounds that 1) there was an issue of material facts as to whether consumers were likely to be confused as to the source of Victoria's Secret's pink tank top that read "Delicious"; and 2) although it was possible that Victoria's Secret used the term "Delicious" fairly -- that is, in its "primary, descriptive sense" -- a jury was better positioned to make that determination.

US v. Withers, No. 05-56795, concerned a prosecution for possession of controlled substances with intent to distribute, money laundering, engaging in a continuing criminal enterprise, and conspiracy to possess controlled substances with the intent to distribute.  The court reversed the denial of petitioner's habeas petition on the ground that the district court erred in declining to reopen the time to file an appeal even though petitioner made an unchallenged assertion that he did not receive the notice of the entry of judgment until the time to file an appeal had passed.

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