Legal Opinion

Freixenet, S.A. And Freixenet Usa, Inc. v. Admiral Wine & Liquor Co. D/B/A Admiral-Cattani Wines, Trentacoste Bros. Inc. And Canals & Nubiola, S.A

Court of Appeals for the Third Circuit

Decided March 28, 1984No. 83-5227, 83-5317PublishedCited by 81 opinions

1Opinion of the Court

OPINION OF THE COURT

GIBBONS, Circuit Judge:

Freixenet, S.A. and Freixenet U.S.A., Inc. (Freixenet) appeal from two orders of the District Court in Freixenet’s suit against Canals & Nubiola, S.A. (C & N) and others. 1 The first order denied a request for a preliminary injunction against C & N’s alleged trade dress infringement. The second granted C & N’s request for a partial summary judgment on Freixenet’s rights to the use of the color black in its wine bottles. We affirm the order denying a preliminary injunction but dismiss the appeal from the order granting partial summary judgment.

I

The…

2Cases cited21 opinions

  1. Inwood Laboratories, Inc. v. Ives Laboratories, Inc.Supreme Court of the United States · 1982
  2. Gillespie v. United States Steel Corp.Supreme Court of the United States · 1964
  3. Amf Incorporated, a Corporation v. Sleekcraft Boats, a Sole Proprietorship, and Bruce E. Nescher, an IndividualCourt of Appeals for the Ninth Circuit · 1979
  4. Kershner v. MazurkiewiczCourt of Appeals for the Third Circuit · 1982
  5. Richerson v. JonesCourt of Appeals for the Third Circuit · 1977

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3Cited by81 opinions

  1. Opticians Ass'n of America v. Independent Opticians of AmericaCourt of Appeals for the Third Circuit · 1990
  2. First Brands Corporation v. Fred Meyer, Inc. And Basf Wyandotte CorporationCourt of Appeals for the First Circuit · 1987
  3. A.J. Canfield Company, a Corporation v. Honickman, Harold, an Individual and Concord Beverage Company, a CorporationCourt of Appeals for the Third Circuit · 1986
  4. Pappan Enterprises, Inc. v. Hardee's Food Systems, Inc. Mro Mid-Atlantic Corp. v. Louis D. Pappan Panagiota PappanCourt of Appeals for the Third Circuit · 1998
  5. Ford Motor Co. v. Summit Motor Products, Inc.Court of Appeals for the Third Circuit · 1991

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