Legal Opinion
Fair Wind Sailing Inc v. H. Dempster
Court of Appeals for the Third Circuit
Decided September 4, 2014No. 13-3305 & 14-1572PublishedCited by 475 opinions
1Opinion of the Court
OPINION OF THE COURT
(September 4, 2014)
FUENTES, Circuit Judge
Fair Wind Sailing, Inc. brought this action against Virgin Island Sailing School (“VISS”) and its co-founder Scott Dempster, alleging, in relevant part, that Defendants infringed upon Fair Wind’s “trade dress” in violation of the Lanham Act, 15 U.S.C. § 1051 et seq., and unjustly enriched themselves by copying Fair Wind’s business. The District Court dismissed Fair Wind’s trade dress and unjust enrichment claims, and subsequently awarded Defendants fees under Virgin Islands law. Fair Wind challenges both the dismissal of its claims…
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