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ENRIQUE BERNAT F., S.A. v. GUADALAJARA, INC.

No. 99-50854.

210 F.3d 439 (2000)

ENRIQUE BERNAT F., S.A.; S.A. Chupa Chups, Plaintiffs-Counter Defendants-Appellees, v. GUADALAJARA, INC.; et al., Defendants, Guadalajara, Inc., doing business as Dulces Vero USA, Defendant-Counter Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied May 26, 2000.

Attorney(s) appearing for the Case

Chester Joseph Makowski (argued), Royston, Rayzor, Vickery & Williams, Houston, TX, Gregory Vincent Novak, Royston, Rayzor, Vickery, Novak & Druce, San Antonio, TX, for Guadalajara, Inc.

Michael A. Pollard, John C. Filosa (argued), David J. Davis, Sanjiv D. Sarwate, Baker & McKenzie, Chicago, IL, Richard Marvin Butler, Soules & Wallace, San Antonio, TX, for Enrique Bernat F. and Chups.

Before REYNALDO G. GARZA, HIGGINBOTHAM and BENAVIDES, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 26, 2000.

BENAVIDES, Circuit Judge:

Appellant Guadalajara, Inc. d/b/a Dulces Vero USA ("Dulces Vero") appeals from the imposition of a preliminary injunction forbidding it to sell its soft-serve frozen yogurt cone-shaped lollipops under the mark "Chupa Gurts" in the United States. The district court determined that Dulces Vero's mark infringed the mark "Chupa Chups," held by appellees Enrique Bernat F., S.A. and S...

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