Legal Opinion
Clicks Billiards Inc., a Texas Corporation v. Sixshooters Inc., an Arizona Corporation Ronald R. Forbes, a Married Man Jane Doe Forbes, Wife
Court of Appeals for the Ninth Circuit
Decided June 1, 2001No. 99-17294PublishedCited by 507 opinions
1Opinion of the Court
MeKEOWN, Circuit Judge:
Pool halls conjure up images of green felt tables, low-hanging lights, and billiard cues. But can a pool hall’s overall image constitute protectable trade dress? To answer that question in this dispute between two pool hall operators, Appellant Clicks Billiards, Inc. (“Clicks”), and its competitor, Sixshooters, Inc. (“Sixshooters”), we must address whether Clicks’ claimed trade dress was nonfunctional; whether Clicks’ trade dress had acquired secondary-meaning; and whether there was a likelihood of confusion between the two establishments. Because there are disputed…
2Cases cited30 opinions
- Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992
- Stuhlbarg International Sales Company, Inc., a California Corporation, D/B/A Sisco v. John D. Brush and Company, Inc., a New York CorporationCourt of Appeals for the Ninth Circuit · 2001
- Wal-Mart Stores, Inc. v. Samara Brothers, Inc.Supreme Court of the United States · 2000
- Qualitex Co. v. Jacobson Products Co.Supreme Court of the United States · 1995
- TrafFix Devices, Inc. v. Marketing Displays, Inc.Supreme Court of the United States · 2001
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3Cited by507 opinions
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- Fair Wind Sailing Inc v. H. DempsterCourt of Appeals for the Third Circuit · 2014
- Lawrence Hamilton v. State Farm Fire & Casualty Company, an Illinois Corporation David's Restaurant SupplyCourt of Appeals for the Ninth Circuit · 2001
- City of Pomona v. Sqm North America CorporationCourt of Appeals for the Ninth Circuit · 2014
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