Lisa's Party City, Inc. v. Town of Henrietta

HEANEY, Senior Circuit Judge:

Lisa’s Party City, Inc., doing business as Party City, and its president, Gary Blum (collectively “Party City”), appeal from an adverse grant of summary judgment in an action alleging violation of the Lanham Act, 15 U.S.C. § 1121(b), and civil rights violations under 42 U.S.C. § 1983, arising out of a decision by the Town of Henrietta (“the Town”) denying Party City’s request for a sign permit variance. Party City contends that a provision of the Henrietta Town Code requiring uniformity in sign color compels the alteration of its trademark in violation of §…