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LYONS PARTNERSHIP v. GIANNOULAS

No. 98-11003.

179 F.3d 384 (1999)

LYONS PARTNERSHIP, Plaintiff-Appellant, v. Ted GIANNOULAS, doing business as Famous Chicken; TFC, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 7, 1999.

Attorney(s) appearing for the Case

Bill Sims, Russell L. Reid, Jr., Vinson & Elkins, Dallas, TX, Mark S. Lee, Manatt, Phelps & Phillips, Los Angeles, CA, for Plaintiff-Appellant.

Kenneth M. Fitzgerald, William P. Cole, Latham & Watkins, San Diego, CA, for Defendants-Appellees.

Before REAVLEY, JOLLY and EMILIO M. GARZA, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Lyons Partnership LP ("Lyons"), the owners of the rights to the children's caricature Barney, sued Ted Giannoulas, the creator of a sports mascot—The Famous Chicken ("the Chicken")—because the Chicken had incorporated a Barney look-alike in its act. The district court granted summary judgment to Giannoulas and awarded attorneys' fees.

On appeal, Lyons raises six issues, the most important of which is whether the...

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