Legal Opinion
Children's Factory, Inc., Appellant/cross-Appellee v. Benee's Toys, Inc., Appellee/cross-Appellant
Court of Appeals for the Eighth Circuit
Decided November 17, 1998No. 98-1179, 98-1180PublishedCited by 22 opinions
1Opinion of the Court
LAY, Circuit Judge.
Children’s Factory, Inc. (“Children’s Factory”) appeals from a final judgment in favor of the Defendant, Benee’s Toys, Inc. (“Be-nee”), in a trade dress infringement case brought under Section 43(a) of the Lanham Act (“Act”), 15 U.S.C. § 1125(a). Children’s Factory argues the district court 1 erred in holding that its toys were not protected under the Act. Benee cross-appeals, arguing the district court erred when it held that certain Children’s Factory products were inherently distinctive and nonfunctional, even though these toys were ultimately found to be unprotected.…
2Cases cited14 opinions
- Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992
- Braun Inc. And Braun Aktiengesellschaft, Plaintiffs/cross-Appellants v. Dynamics Corporation of AmericaCourt of Appeals for the Federal Circuit · 1992
- Aromatique, Inc., Appellee/cross-Appellant v. Gold Seal, Inc., and Darrell Bufford, Appellants/cross-AppelleesCourt of Appeals for the Eighth Circuit · 1994
- Truck Equipment Service Company, Appellant-Cross-Appellee v. Fruehauf Corporation, Appellee-Cross-AppellantCourt of Appeals for the Eighth Circuit · 1976
- Ferrari S.P.A. Esercizio Fabriche Automobili E Corse v. Carl Roberts, D/B/A Roberts Motor CompanyCourt of Appeals for the Sixth Circuit · 1991
9 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Hubbard Feeds, Inc. v. Animal Feed Supplement, Inc.Court of Appeals for the Eighth Circuit · 1999
- A & H Sportswear Inc. Mainstream Swimsuits, Inc. v. Victoria's Secret Stores, Inc. Victoria's Secret Catalogue, Inc.Court of Appeals for the Third Circuit · 1999
- Louis E. Kemp, Superior Seafoods, Inc., and Quality Finer Foods, Inc. v. Bumble Bee Seafoods, Inc.Court of Appeals for the Eighth Circuit · 2005
- Goddard, Inc. v. Henry's Foods, Inc.District Court, D. Minnesota · 2003
- Heidi Ott A.G. v. Target Corp.District Court, D. Minnesota · 2001
17 more not listed; retrieve them via the Exa API.