January 26, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • Rolex Watch USA, Inc. v. Beckertime, L.L.C., 22-10866, appeal from N.D. Tex.
    • Douglas, J. (King, Willett, Douglas), Lanham Act, trademark infringement
    • The Court affirmed a finding of infringement of Rolex’s trademarks by an aftermarket modifier of vintage Rolex watches. The Court found that the defendant’s aftermarket modifications were so extensive that it would be a “misnomer” to attach the Rolex marks, and that it was therefore proper for the district court to apply the digits of confusion framework of analysis.
    • The Court held that the district court did not abuse its discretion in applying the laches defense to bar Rolex from disgorgement of the defendant’s profits.
    • Because the district court made no finding of intentionality, the Court held that the district court properly did not include an award of attorneys’ fees.
    • The Court modified the injunctive relief to enjoin the defendant from selling its customized watches with the Rolex trademarks where the watches included non-Rolex bezels.

Unpublished

  • U.S. v. Woods, 23-10653, appeal from N.D. Tex.
    • per curiam (Haynes, Graves, Higginson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Sanchez-Deleon, 23-20383, appeal from S.D. Tex.
    • per curiam (King, Haynes, Graves), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Thibodeaux v. Meyers, 23-30158, appeal from W.D. La.
    • per curiam (Smith, Higginson, Engelhardt), prisoner suit
    • Affirming dismissal of Louisiana state prisoner’s § 1983 claims.
  • U.S. v. Vega-Villarreal, 23-40350, appeal from S.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Salomon, 23-40457, appeal from S.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Natareno-Calderon, 23-50551, appeal from W.D. Tex.
    • per curiam (Jolly, Higginson, Duncan), criminal, sentencing
    • Affirming 24-month sentence on conviction of illegal reentry.
  • U.S. v. Cuevas, 23-60294, appeal from S.D. Miss.
    • per curiam (Higginbotham, Stewart, Southwick), criminal, sentencing
    • Affirming 120-month sentence and conviction for possession of a firearm by a felon.