United States Fifth Circuit

Grant of summary judgment for defendants on a trademark-infringement claim is reversed in part, and modification of an injunction is vacated in a trademark infringement case where: 1) there was a genuine issue of material fact as to whether products sold during a certain period were "genuine goods bearing a true mark" or goods that infringed on the "ICEE" trademark; and 2) the modification was an abuse of discretion.

Appellate Information

• Decided 04/11/2006
• Published 04/12/2006

Judges

• E. GRADY JOLLY, Circuit Judge:, Before JOLLY, WIENER, and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Daniel V. Thompson, Thompson & Gustavson, William Scott Hastings (argued), Locke, Liddell & Sapp, Dallas, TX, Cary A. Hilburn, Hilburn & Hilburn, Shreveport, LA, for Icee Distributors, Inc.


• For Appellees:
  
• Jeffrey M. Goldfarb (argued), Heather Lynn Peckham, Akin, Gump, Strauss, Hauer & Feld, Dallas, TX, James Charles McMichael, Jr., McMichael, Medlin, D'Anna & Wedgeworth, Shreveport, LA, for Defendants-Appellees-Cross-Appellants.