Legal Opinion

Edmund A. Rachel, AKA Peter Rachel, D/B/A Wildlife Interiors, Plaintiff v. Banana Republic, Inc., Fisher Development, Inc., and the Gap, Inc.

Court of Appeals for the Ninth Circuit

Decided November 9, 1987No. 86-1901, 86-2764PublishedCited by 181 opinions

1Opinion of the Court

O’SCANNLAIN, Circuit Judge:

Peter Rachel, a producer of realistic reproductions of jungle animals, brought this action against Banana Republic, Fisher Development, and The Gap for alleged trade dress and copyright infringement. The district court granted summary judgment against Rachel on his copyright claim, and, following Rachel’s submission of evidence, directed a verdict against him on the trade dress claim. The court also dismissed The Gap and assessed sanctions against Rachel’s counsel for improperly naming The Gap as a party. We affirm the trial court’s grant of summary judgment and its…

2Cases cited21 opinions

  1. Richard L. Zaldivar v. City of Los Angeles, and Margaret Salazar, Intervenors-AppelleesCourt of Appeals for the Ninth Circuit · 1986
  2. James E. Peterson v. Harold Kennedy, Richard A. Berthelsen, and National Football League Players AssociationCourt of Appeals for the Ninth Circuit · 1985
  3. Golden Eagle Distributing Corporation v. Burroughs Corporation, and Kirkland & EllisCourt of Appeals for the Ninth Circuit · 1986
  4. Lesportsac, Inc. v. K Mart CorporationCourt of Appeals for the Second Circuit · 1985
  5. First Brands Corporation v. Fred Meyer, Inc. And Basf Wyandotte CorporationCourt of Appeals for the First Circuit · 1987

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

3Cited by181 opinions

  1. International Jensen, Incorporated v. Metrosound U.S.A., Inc., Dba L.A. SoundCourt of Appeals for the Ninth Circuit · 1993
  2. I.P. Lund Trading ApS v. Kohler Co.Court of Appeals for the First Circuit · 1998
  3. Aromatique, Inc., Appellee/cross-Appellant v. Gold Seal, Inc., and Darrell Bufford, Appellants/cross-AppelleesCourt of Appeals for the Eighth Circuit · 1994
  4. Sega Enterprises Ltd., a Japanese Corporation v. Accolade, Inc., a California CorporationCourt of Appeals for the Ninth Circuit · 1993
  5. Bryant v. Joseph Tree, Inc.Washington Supreme Court · 1992

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API