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.
- Decided 07/15/2009
- Published 07/15/2009
- DeMOSS, Circuit Judge:, Before BARKSDALE, DeMOSS and STEWART, Circuit Judges.
- United States Fifth Circuit
- 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.