Legal Opinion
Sugar Busters LLC v. Ellen C. Brennan Theodore M. Brennan Shamrock Publishing Inc.
Court of Appeals for the Fifth Circuit
Decided May 25, 1999No. 98-31063PublishedCited by 92 opinions
1Opinion of the Court
KING, Chief Judge:
This appeal challenges the district court’s grant of a preliminary injunction prohibiting defendants-appellants from selling or distributing a book entitled “SUGAR BUST For Life!” as infringing plaintiff-appellee’s federally registered service mark, “SUGARBUSTERS.” Plaintiff-appellee is an assignee of a registered “SUGARBUSTERS” service mark and the author of a best-selling diet book entitled “SUGAR BUSTERS! Cut Sugar to Trim Fat.” We determine that the assignment of the registered “SUGARBUSTERS” service mark to plaintiff-appellee was in gross and was therefore invalid, and…
2Cases cited37 opinions
- Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992
- Inwood Laboratories, Inc. v. Ives Laboratories, Inc.Supreme Court of the United States · 1982
- Park 'N Fly, Inc. v. Dollar Park & Fly, Inc.Supreme Court of the United States · 1985
- Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1976
- Sherman Simon, Jr., Individually and as Next Friend of His Minor Children, Peter Darnell Simon and Keenan Simon, Etc. v. United StatesCourt of Appeals for the Fifth Circuit · 1990
32 more not listed; retrieve them via the Exa API.
3Cited by92 opinions
- Nola Spice Designs, L.L.C. v. Haydel Enterprises, Inc.Court of Appeals for the Fifth Circuit · 2015
- Board of Supervisors for Louisiana State University Agricultural & Mechanical College v. Smack Apparel Co.Court of Appeals for the Fifth Circuit · 2008
- Herman Miller, Inc., Plaintiff-Appellant/cross-Appellee v. Palazzetti Imports and Exports, Inc., Defendant-Appellee/cross-AppellantCourt of Appeals for the Sixth Circuit · 2001
- Women's Medical Center of Northwest Houston v. BellCourt of Appeals for the Fifth Circuit · 2001
- Herbko International, Inc. v. Kappa Books, Inc.Court of Appeals for the Federal Circuit · 2002
87 more not listed; retrieve them via the Exa API.