Legal Opinion
JL Beverage Co. v. Beam, Inc.
District Court, D. Nevada
Decided September 25, 2012No. Case No. 2:11-cv-00417-MMD-CWHPublishedCited by 4 opinions
1Opinion of the Court
ORDER
(Plf.’s Motion for Preliminary Injunction — dkt. no. 36)
MIRANDA M. DU, District Judge.
I. SUMMARY
In this trademark infringement case, Plaintiff JL Beverage Company, LLC (“JL Beverage”) asks the Court to determine that Defendants infringe upon JL Beverage’s trademarked “lips images,” which are displayed prominently on its bottles of flavored and unflavored vodka. However, just like snowflakes and fingerprints, no two lip prints are the same.1 And as with snowflakes, fingerprints, and human lips, the trademarks in this case are not so similar as to create consumer confusion. Accordingly,…
2Cases cited45 opinions
- Winter v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 2008
- Amoco Production Co. v. Village of GambellSupreme Court of the United States · 1987
- Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992
- Ebay Inc. v. Mercexchange, L. L. C.Supreme Court of the United States · 2006
- Amf Incorporated, a Corporation v. Sleekcraft Boats, a Sole Proprietorship, and Bruce E. Nescher, an IndividualCourt of Appeals for the Ninth Circuit · 1979
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3Cited by4 opinions
- Stonefire Grill, Inc. v. FGF Brands, Inc.District Court, C.D. California · 2013
- Fuel Clothing Co. v. Nike, Inc.District Court, D. South Carolina · 2014
- JL Beverage Co. v. Beam, Inc.District Court, D. Nevada · 2018
- Audio-Technica Corporation v. Music Tribe Commercial NV Inc.District Court, C.D. California · 2022