ICEE Distributors, Inc. v. J&J Snack Foods Corp.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
This case, which involves an allegation of infringement of the ICEE trademark, was previously before us on an interlocutory appeal, ICEE Distributors, Inc. v. J&J Snack Foods Corp., 325 F.3d 586 (5th Cir.2003). We upheld an injunction, solely on breach-of-contract grounds, against J&J Snack Food Corp. (“J&J”) and Wal-Mart Stores, Inc. prohibiting them from selling ICEE-marked squeeze tubes within the territory covered by the exclusive license agreement between ICEE Distributors, Inc. (“Distributors”) and the ICEE trademark-owner, ICEE of America (“IOA”). On…
2Cases cited16 opinions
- Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992
- Templet v. Hydrochem Inc.Court of Appeals for the Fifth Circuit · 2004
- Topalian v. EhrmanCourt of Appeals for the Fifth Circuit · 1992
- Lavespere v. Niagara Machine & Tool Works, Inc.Court of Appeals for the Fifth Circuit · 1990
- Abbott v. Equity Group, Inc.Court of Appeals for the Fifth Circuit · 1993
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