March 31st, 2019
US Court of Appeals for the Fifth Circuit Opinions
Uptown Grill, LLC v. Camellia Grill Holdings, Inc.
Opinion Date: March 29, 2019
Judge: Edith Brown Clement
Areas of Law: Business Law, Intellectual Property, Trademark
This case involved ten years of litigation regarding an attempt to simultaneously sell a restaurant and license associated intellectual property. The Fifth Circuit affirmed the district court's ruling that the Bill of Sale assigned all Camellia Grill Trademark rights to Hicham Khodr; affirmed the district court's ruling that the Bill of Sale assigned the trade dress associated with the Carrollton restaurant; affirmed the district court's finding that infringement damages were unwarranted; reversed the district court's denial of summary judgment on the trade-dress breach of contract claim and remanded for proceedings to determine if Khodr breached the License Agreement by using the alleged trade dress at the Chartres restaurant; and affirmed the district court's compensable damages ruling.
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