United States First Circuit

Summary judgment in favor of defendants is affirmed where plaintiff's claim that defendant violated the Lanham Act failed because 1) the evidence did not demonstrate that the relevant consumers have associated her name with a product, and 2) plaintiff failed to demonstrate that her name serves more than its primary function to identify her as an individual.

Appellate Information

• Decided 07/26/2004
• Published 07/26/2004

Judges

• LIPEZ, Circuit Judge., Before LYNCH, Circuit Judge, STAHL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Thomas W. Humphrey, with whom Seth S. Soffregen, William J. Flynn, Neyhart, Anderson, Freitas, Flynn & Grosboll, and Wood Herron & Evans, were on the brief, for appellant.


• For Appellees:
  
• Peter G. Hermes, with whom Gina A. Fonte and Hermes, Netburn, O'Connor & Spearing, PC, were on the brief, for appellee.