Legal Opinion

ICEE Distributors, Inc. v. J&J Snack Foods Corp.

Court of Appeals for the Fifth Circuit

Decided April 11, 2006No. 04-30060PublishedCited by 34 opinions

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

  1. Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992
  2. Templet v. Hydrochem Inc.Court of Appeals for the Fifth Circuit · 2004
  3. Topalian v. EhrmanCourt of Appeals for the Fifth Circuit · 1992
  4. Lavespere v. Niagara Machine & Tool Works, Inc.Court of Appeals for the Fifth Circuit · 1990
  5. Abbott v. Equity Group, Inc.Court of Appeals for the Fifth Circuit · 1993

11 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Life Partners Creditors' Trust v. Cowley (In Re Life Partners Holdings, Inc.)Court of Appeals for the Fifth Circuit · 2019
  2. Baum v. Blue Moon Ventures, LLCCourt of Appeals for the Fifth Circuit · 2008
  3. Hernandez v. VelasquezCourt of Appeals for the Fifth Circuit · 2008
  4. Eastman Chemical Company v. PlastiPure, IncorporatCourt of Appeals for the Fifth Circuit · 2014
  5. Staley v. Harris County TXCourt of Appeals for the Fifth Circuit · 2007

29 more not listed; retrieve them via the Exa API.

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