United States Fifth Circuit

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Amazing Spaces, Inc. v. Metro Mini Storage, 09-20702

In an action alleging infringement of a star design that plaintiff claimed as a service mark, summary judgment for defendant is affirmed in part where: 1) the record evidence was replete with similar or identical five-pointed stars, both raised and set in circles, and used in similar manners, such that -- notwithstanding the residual evidence of the presumption of validity -- no reasonable jury could find that the star symbol was even a mere refinement of this commonly adopted and well-known form of ornamentation; and 2) plaintiff failed to raise a fact issue regarding the existence of secondary meaning with respect to the symbol. However, the judgment is reversed in part where plaintiff had not yet had the opportunity to introduce evidence relating to its trade dress claims.

Appellate Information

  • Decided 06/03/2010
  • Published 06/03/2010

Judges

  • KING, Circuit Judge:, Before KING, WIENER, and DENNIS, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel