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BEATRIZ BALL, L.L.C. v. BARBAGALLO COMPANY, L.L.C.

No. 21-30029.

40 F.4th 308 (2022)

BEATRIZ BALL, L.L.C., Plaintiff-Appellant, v. BARBAGALLO COMPANY, L.L.C., doing business as Pampa Bay, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED July 12, 2022.

Attorney(s) appearing for the Case

Marie Breaux , Marjorie Ruth Esman , M. Breaux Intellectual Property Law, New Orleans, LA, for Plaintiff—Appellant.

Marc Stephen Whitfield , Eugene R. Groves , T. Coulter McMahen , Taylor, Porter, Brooks & Phillips, L.L.P., Baton Rouge, LA, for Defendant—Appellee.

Before Jones, Haynes, and Costa, Circuit Judges.

Beatriz Ball, a maker of popular tableware designs, challenges the district court's conclusions that (1) the company lacked standing under the Copyright Act because the plaintiff did not obtain a valid assignment of its claim, and (2) it failed to establish a protectible trade dress under the Lanham Act. We hold that the district court erred...

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