AmBrit v. Kraft

File — Folder: 2

Identifier: Folder 2

Staff Only

Case no. 85-3609 Memorandum from Judge Wisdom to Daniel Andrew Bundy, Deputy Clerk; Affirm the district court's finding that Kraft infringed Isaly's trade dress rights. We also affirm the district court's rejection of Kraft's laches defense. The court's injunctive order is affirmed except that portion of the order prohibiting Kraft from featuring the color royal blue on an ice cream bar wrapper. With respect to that portion of the order, we reverse and remand the matter to the district court with instructions to tailor a more narrow order that is not inconsistent with this opinion. We reverse the court's conclusion that the Polar B'ar trademark registratioin should not be cancelled. We do not reach the issue of Isaly's entitlement to damages, we leave the initial determination on that issue to the district court. Opinion concurred by Judges Clark and Henderson. footnotes; bench memo with handwritten notes; memo re: oral argument; memo from Judge Wisdom to Judge Clark; conference notes