Lyons Partnership, L.P., a Texas Limited Partnership v. Morris Costumes, Incorporated Philip Morris Amy Morris Smith

Affirmed in part, reversed in part, vacated in part, and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILLIAMS and Judge TRAXLER joined.

OPINION

NIEMEYER, Circuit Judge:

The owner of “Barney,” the famous purple dinosaur who speaks in a distinctive baritone, seeks, through this action for injunctive relief and damages, to end the marketing of three look-alike costumes that children allegedly believe are in fact Barney. The district court recognized the plaintiffs intellectual property rights in the Barney character but denied their enforcement against a costume…