5th Circuit: Lower Court Misapplied Summary Judgment Standard In Trademark Row

(July 5, 2024, 11:47 AM EDT) -- NEW ORLEANS — A federal judge in Texas inappropriately granted summary judgment to a defendant hotel and restaurant group in an infringement dispute over the use of the phrase “Summer House” in a trademark, a panel of judges in the Fifth Circuit U.S. Court of Appeals held, finding that the judge misapplied the summary judgment standard by failing to consider the evidence in the light most favorable to the plaintiff....