Legal Opinion

Liberto v. D.F. Stauffer Biscuit Co.

Court of Appeals for the Fifth Circuit

Decided February 21, 2006No. 04-50308PublishedCited by 49 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The parties to this dispute over trademarks and the packaging of animal crackers have been negotiating a settlement of their dispute over the past eleven years-while continuing their businesses and continuing to litigate. Today, we only add a chapter to their saga, unable to find a principled closing. So, we address trademarks, licenses, and unenforceable agreements to agree, and final judgments are anything but that.

I

Frank G. Liberto manufactures and distributes snack foods, employing a design with red and yellow stripes on his packaging since 1950.…

2Cases cited26 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Allen v. McCurrySupreme Court of the United States · 1980
  3. T.O. Stanley Boot Co. v. Bank of El PasoTexas Supreme Court · 1993
  4. Browning Manufacturing v. Mims (In Re Coastal Plains, Inc.)Court of Appeals for the Fifth Circuit · 1999
  5. Fort Worth Independent School District v. City of Fort WorthTexas Supreme Court · 2000

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3Cited by49 opinions

  1. The City of Houston v. Steve WilliamsTexas Supreme Court · 2011
  2. Kirby Lake Development, Ltd. v. Clear Lake City Water AuthorityTexas Supreme Court · 2010
  3. Oreck Direct, LLC v. Dyson, Inc.Court of Appeals for the Fifth Circuit · 2009
  4. O'Reilly v. United States Army Corps of EngineersCourt of Appeals for the Fifth Circuit · 2007
  5. Jackson Women's Health Orgn v. Thomas DobbsCourt of Appeals for the Fifth Circuit · 2019

44 more not listed; retrieve them via the Exa API.

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