United States Fifth Circuit

In an action seeking a declaration that Plaintiff's design for a dump trailer would not infringe Defendant's trademarks, the dismissal of the action for lack of subject matter jurisdiction is affirmed, where Plaintiff did not have a substantially fixed and definite trailer design when it filed the action.

Appellate Information

• Decided 05/08/2009
• Published 05/08/2009

Judges

• EDITH H. JONES, Chief Judge:, Before JONES, Chief Judge, JOLLY, Circuit Judge, and MONTALVO, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Carroll Vernon Lawson, Matthews, Lawson & Bowick, PLLC, Houston, TX, Phillip A. Wittmann (argued), Barry Weldon Ashe, Stone, Pigman, Walther & Wittmann, New Orleans, LA, for Plaintiff-Appellant.


• For Appellees:
  
• Earl Russell Tarleton (argued), Donna Marie Chamberlin, Seed Intellectual Prop. Law Group, PLLC, Seattle, WA, Charles J. Rogers, Conley Rose, Houston, TX, for Defendant-Appellee.