(United States Fifth Circuit) - In a trademark dispute alleging that defendant infringed trademarks by selling t-shirts with several universities' color schemes and other identifying indicia referencing the games of the schools' football teams,summary judgment for plaintiffs is affirmed where: 1) the color schemes had secondary meaning and, although unregistered, or were protectible marks; 2) there was a likelihood of confusion connecting the marks and the universities themselves; 3) the marks at issue were nonfunctional and thus subject to Lanham Act protection; 4) defendants' exercise of the marks was not a nominative fair exercise; 5) the defense of laches did not apply; 6) actual confusion was not a prerequisite to an award of money damages; and 7) plaintiffs were not entitled to attorneys' fees. (Revised opinion)
Source: findlaw.com