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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.
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