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Sugar Busters, LLC, v. Brennan

United States Court of Appeals for the Fifth Circuit

177 F.3d 258 (1999)

Relevant factsFree

Sugar Busters, L.L.C. (plaintiff), formed by authors of a diet book, obtained rights to the "SUGARBUSTERS" trademark through a chain of assignments tracing back to Sugarbusters, Inc., which had originally registered the mark for a retail store serving diabetics. Brennan (defendant), a consultant hired to help market the diet book, later co-wrote and published a competing cookbook called "SUGAR BUST for Life!" using a name Sugar Busters claimed infringed its trademark. Sugar Busters sued for infringement and dilution and won a preliminary injunction from the district court; Brennan appealed.

IssueFree

Whether a trademark is invalid if its purchaser did not obtain the associated goodwill during the purchase.

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