United States Fifth Circuit

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Xtreme Lashes, LLC v. Xtended Beauty, Inc., 08-20578

In a dispute over a trademark relating to eyelash extension products, summary judgment for defendant is reversed where: 1) the trademark at issue arguably had many of the indicia of a suggestive mark and was therefore entitled to protection; and 2) plaintiffs showed several incidences of actual confusion.

Appellate Information

  • Decided 07/15/2009
  • Published 07/15/2009

Judges

  • DeMOSS, Circuit Judge:, Before BARKSDALE, DeMOSS and STEWART, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Charles Alfred Sturm (argued), Howard Lynn Steele, Jr., Steele Sturm, PLLC, Houston, TX, for Plaintiffs-Appellants.

  • For Appellees:
  • Paul Clark Van Slyke (argued), Locke, Lord, Bissell & Liddell, LLP, Houston, TX, for Defendant-Appellee.