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155 F.3d 526 *; 1998 U.S. App. LEXIS 22363 **; 48 U.S.P.Q.2D (BNA) 1065 ***
PEBBLE BEACH COMPANY; SEA PINES COMPANY INCORPORATED, Plaintiffs-Appellees-Cross Appellants, v. TOUR 18 I LIMITED, Defendant-Appellant-Cross Appellee. RESORTS OF PINEHURST INCORPORATED, Plaintiff-Appellee-Cross Appellant, v. GOLFORMS INCORPORATED; ET AL, Defendants, TOUR 18 I LIMITED, Defendant-Appellant-Cross Appellee.
Subsequent History: [**1] Rehearing Denied October 26, 1998, Reported at: 1998 U.S. App. LEXIS 29648.
Rehearing denied by Pebble Beach Co. v. Tour 18 I, 1998 U.S. App. LEXIS 29648 (5th Cir. Tex., Oct. 26, 1998)
Prior History: Appeals from the United States District Court for the Southern District of Texas. H-93-CV-3875. David Hittner, US District Judge.
Pebble Beach Co., 942 F. Supp. 1513, 1996 U.S. Dist. LEXIS 20046 (S.D. Tex., 1996)
hole, golf, marks, Plaintiffs', lighthouse, district court, trade dress, trademark, injunction, copied, advertising, golf-hole, infringement, designs, secondary meaning, disclaimers, likelihood of confusion, replica, golf course, dilution, functionality, profits, attorney's fees, configurations, consumers, registration, features, argues, affiliation, nominative
Business & Corporate Compliance, Entertainment Industry Falsity & Performance Misattribution, Trade Dress Protection, Causes of Action, Trademark Law, Infringement Actions, Burdens of Proof, General Overview, Causes of Action Involving Trademarks, Likelihood of Confusion, Special Marks, Service Marks, Particular Subject Matter, Names, Subject Matter of Trademarks, Nontraditional Trademarks, Color Marks, Conveyances, Determinations, Terms Requiring Secondary Meaning, Eligibility for Trademark Protection, Distinctiveness, Consumer Confusion, Civil Procedure, Appeals, Standards of Review, Clearly Erroneous Review, Criminal Law & Procedure, De Novo Review, Trademark Cancellation & Establishment, Registration Procedures, Federal Registration, Generic Names, Strength of Trademark, Terms With Inherent Distinctiveness, Suggestive Terms, Descriptive & Laudatory Terms, Terms With Inherent Distinctiveness, Factors for Determining Confusion, Intent of Defendant to Confuse, Direct Evidence, Surveys as Evidence of Confusion, Trademark Enforcement by US Customs, Commercial Use, Circuit Court Factors, 5th Circuit Court, Similarity of Marks, Appearance, Meaning & Sound, Federal Unfair Competition Law, Lanham Act, Governments, Legislation, Effect & Operation, Patent Law, Originality, Joint & Sole Inventorship, Fragrance Marks, Remedies, Injunctions, Permanent Injunctions, Dilution of Famous Marks, Equitable Relief, Abuse of Discretion, Damages, Copyright Law, Types of Damages, Infringement Profits, Equitable Accountings, Profits, Antitrust & Trade Law, Private Actions, Costs & Attorney Fees, Clayton Act, Attorney Fees & Expenses, Basis of Recovery, Statutory Awards, Defenses, Inequitable Conduct, Increased Damages