United States Ninth Circuit
CLICKS BILLIARDS INC. v. SIXSHOOTERS INC., 99-17294
Even though many arbitrary elements, considered in isolation, may be functional, if the particular integration of elements leaves a multitude of alternatives to competitors that would not prove confusingly similar to its trade dress, then the overall look and feel is not functional as a matter of law.
Appellate Information
- Argued 03/15/2001
- Decided 06/01/2001
- Published 06/01/2001
Judges
- McKEOWN, Circuit Judge:, Before: NOONAN, McKEOWN and WARDLAW, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Kimball J. Corson,Shields & Anderson, P.L.C., Phoenix, Arizona, for the plaintiff-appellant.
- For Appellees:
- Neal B. Thomas, Thomas & Elardo, P.C., Phoenix, Arizona, for the defendant-appellee.