Legal Opinion
McAirlaids, Inc. v. Kimberly-Clark Corporation
Court of Appeals for the Fourth Circuit
Decided June 25, 2014No. 13-2044PublishedCited by 207 opinions
1Opinion of the Court
Vacated and remanded by published opinion. Judge DUNCAN wrote the opinion, in which Judge WYNN and Judge CHILDS joined.
DUNCAN, Circuit Judge:
McAirlaids, Inc. filed suit against Kimberly-Clark Corp. for trade-dress infringement and unfair competition under §§ 32(l)(a) and 43(a) of the Trademark Act of 1946 (“Lanham Act”), 15 U.S.C. §§ 1114(l)(a) and 1125(a), and Virginia common law. The district court granted summary judgment in favor of Kimberly-Clark, and McAirlaids appeals. Because questions of fact preclude summary judgment, we vacate and remand.
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McAirlaids produces “airlaid,” a…
2Cases cited15 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Tolan v. CottonSupreme Court of the United States · 2014
- Qualitex Co. v. Jacobson Products Co.Supreme Court of the United States · 1995
- Clicks Billiards Inc., a Texas Corporation v. Sixshooters Inc., an Arizona Corporation Ronald R. Forbes, a Married Man Jane Doe Forbes, WifeCourt of Appeals for the Ninth Circuit · 2001
- TrafFix Devices, Inc. v. Marketing Displays, Inc.Supreme Court of the United States · 2001
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3Cited by207 opinions
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- Schutte Bagclosures Inc. v. Kwik Lok Corp.District Court, S.D. New York · 2016
- BMG Rights Management (US) LLC v. Cox Communications, Inc.District Court, E.D. Virginia · 2015
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