Legal Opinion
Jay Franco & Sons, Inc. v. Franek
Court of Appeals for the Seventh Circuit
Decided August 11, 2010No. 09-2155PublishedCited by 30 opinions
1Opinion of the Court
EASTERBROOK, Chief Judge.
The same year Huey Lewis and the News informed America that it’s “Hip To Be Square”, Clemens Franek sought to trademark the circular beach towel. His company, CLM Design, Inc., pitched the towel as a fashion statement — “the most radical beach fashion item since the bikini,” declared one advertisement. “Bound to be round! Don’t be square!” proclaimed another. CLM also targeted lazy sunbathers: “The round shape eliminates the need to constantly get up and move your towel as the sun moves across the sky. Instead merely reposition yourself.”
The product enjoyed some…
2Cases cited28 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
- Sears, Roebuck & Co. v. Stiffel Co.Supreme Court of the United States · 1964
- Wal-Mart Stores, Inc. v. Samara Brothers, Inc.Supreme Court of the United States · 2000
23 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Uncommon, LLC v. Spigen, Inc.Court of Appeals for the Seventh Circuit · 2019
- Christian Louboutin S.A. v. Yves Saint Laurent America Holding, Inc.Court of Appeals for the Second Circuit · 2012
- Georgia-Pacific Consumer Products LP v. Kimberly-Clark Corp.Court of Appeals for the Seventh Circuit · 2011
- Bodum USA, Inc. v. La Cafetiere, Inc.Court of Appeals for the Seventh Circuit · 2010
- Flexible Steel Lacing Company v. Conveyor Accessories, Inc.Court of Appeals for the Seventh Circuit · 2020
25 more not listed; retrieve them via the Exa API.