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LIBERTO v. D.F. STAUFFER BISCUIT CO., INC.

No. 04-50308.

441 F.3d 318 (2006)

Frank G. LIBERTO, Plaintiff-Appellee, v. D.F. STAUFFER BISCUIT COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 21, 2006.

Attorney(s) appearing for the Case

Gary M. Grossenbacher (argued), Law Office of Gary M. Grossenbacher, Austin, TX, John E. Clark, Goode, Casseb, Jones, Riklin, Choate & Watson, Glenn D. Grossenbacher, San Antonio, TX, for Plaintiff-Appellee.

Randolph P. Tower (argued), Clemens & Spencer, San Antonio, TX, Cynthia Clarke Weber, Sughrue, Mion, Zinn, Macpeak & Seas, Washington, DC, for Defendant-Appellant.

Before JONES, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The parties to this dispute over trademarks and the packaging of animal crackers have been negotiating a settlement of their dispute over the past eleven years-while continuing their businesses and continuing to litigate. Today, we only add a chapter to their saga, unable to find a principled closing. So, we address trademarks, licenses, and unenforceable agreements to agree, and final judgments are anything but that.

...

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