Legal Opinion
Creative Gifts, Inc. v. UFO
Court of Appeals for the Tenth Circuit
Decided December 15, 2000No. 99-2247PublishedCited by 43 opinions
1Opinion of the Court
SHADUR, District Judge.
Creative Gifts, Inc. (“Creative Gifts”), Fascinations Toys & Gifts, Inc. (“Fascinations”) and William Hones (“Hones”) brought a trademark infringement action against Michael and Karen Sherlock and their company UFO, charging the unauthorized use of Creative Gifts’ trademark “Levitron.” 1 Sherlocks raised four defenses against the infringement action, including the contention that the term “Levitron” was generic and was therefore unenforceable as a trademark. Sherlocks also advanced no fewer than 23 counterclaims.
After a bench trial the district court rejected all of…
2Cases cited10 opinions
- Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992
- Lear, Inc. v. AdkinsSupreme Court of the United States · 1969
- Taco Cabana International, Inc. v. Two Pesos, Inc.Court of Appeals for the Fifth Circuit · 1991
- Ehrenhaus v. ReynoldsCourt of Appeals for the Tenth Circuit · 1992
- Beer Nuts, Inc., Cross-Appellee v. Clover Club Foods Company, Cross-AppellantCourt of Appeals for the Tenth Circuit · 1983
5 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Hyson USA, Inc. v. Hyson 2U, Ltd.Court of Appeals for the Seventh Circuit · 2016
- Procter & Gamble Co. v. HaugenCourt of Appeals for the Tenth Circuit · 2005
- Seller Agency Council, Inc. v. Kennedy Center for Real Estate Education, Inc.Court of Appeals for the Ninth Circuit · 2010
- Doeblers' Pennsylvania Hybrids, Inc. v. DoeblerCourt of Appeals for the Third Circuit · 2006
- University of Alabama Board of Trustees v. New Life Art, Inc.Court of Appeals for the Eleventh Circuit · 2012
38 more not listed; retrieve them via the Exa API.