Lefkowitz - Appellant
San Francisco
Members: Christine Said, Shannon Gillespie McComb, Maxim Gorbunov
Coaches: Paige Adaskaveg & Casey Trang
Description of Issues:

ISSUE NO. 1: Did the District Court err in finding that the color red, when used in connection with retail gasoline and convenience store services, is aesthetically functional?

ISSUE NO. 2: Did the District Court err in finding that while Plaintiff's alleged roof design trade dress was not inherently distinctive primarily because it is a common basic shape, it had nevertheless acquired distinctiveness under 15 U.S.C. 1052(f)?

ISSUE NO. 3: Did the District Court err in finding that due to the weakness of Plaintiff's asserted roof design trade dress, and the differences in the Plaintiff's and Defendant's marks and services, consumer confusion was not likely?

This year's Problem is a denial of Plaintiff's summary judgment motion that is appealed by the Plaintiff. While denials of summary judgement may sometimes not be final decisions for purposesof appeal, in this case it is. The parties do not question the procedure on the appeal.

Scheduling Contact: Casey Trang (ctrang@uchastings.edu)
Document(s): Bench memos will be emailed prior to practice
DATE AND TIME ROOM JUDGE JUDGE JUDGE JUDGE JUDGE
Sun. January 12
10:30AM - 12:00PM H
Mon. January 13
6:00PM - 7:30PM M120 Justine Jung Yena Geoffrey Fitzpatrick
7:30PM - 9:00PM M120 Amrita Sethi
Tue. January 14
6:00PM - 7:30PM E
7:30PM - 9:00PM E Engram (after 7:40) Amrita Sethi canceled canceled canceled
Wed. January 15
6:00PM - 7:30PM E Emma Fuller canceled canceled canceled canceled
Fri. January 17
12:00PM - 1:30PM 307B Josephine Mendoza Yena Tina Nguyen
6:00PM - 7:30PM MCR Engram Wilkinson Geoffrey Fitzpatrick Amrita Sethi Emma Fuller Stephanie Richardson
Sat. January 18
10:00AM - 11:30AM D Yena
Sun. January 19
10:30AM - 12:00PM J
1:00PM - 2:30PM J Melissa Rake Engram Wilkinson Ashley Quan Emma Fuller Amrita
Mon. January 20
12:30PM - 2:00PM MCR Atrina (1-2 PM) Engram Wilkinson Navneet CJ Connolly Amrita
Tue. January 21
6:00PM - 7:30PM C Emma Fuller Alex Padua Allen Sin Bismah Jaffer Brittany Stahl
7:30PM - 9:00PM E Engram (7:45-9:00)
Wed. January 22
6:00PM - 7:30PM MCR Laura Tovar Bismah Jaffer Geoffrey Fitzpatrick
Fri. January 24
12:00PM - 1:00PM B Josephine Mendoza Mikayla Jami Fogelhut Mariam Sleiman Ashley Quan
Sun. January 26
10:30AM - 12:00PM D Tina Nguyen Jenna Zendarski Rachel Winer Kelly Sagaser Madison
Tue. January 28
6:00PM - 7:30PM F Yena Atrina Julia Covello Alex Padua
Wed. January 29
6:00PM - 7:30PM MCR Cindy Muro Amrita Sethi Laura Tovar
Thu. January 30
5:00PM - 6:30PM 404 (Fun Practice) emma fuller cady Mikayla
Fri. January 31
12:00PM - 1:00PM MCR Cindy Madi Nick Katy Hetherington
Sat. February 1
9:00AM - 11:00AM 404 Atrina Engram Nick (9-10)
Mon. February 3
6:00PM - 7:30PM MCR Yena William Bernstein Emma Fuller Nick Atrina
Tue. February 4
6:00PM - 7:30PM E Julia Covello Leena Sabagh Justine Jung Alex Garcia Natalie Ryang
Thu. February 6
12:00PM - 1:00PM H (Send-Off) Nick Atrina Amrita Laura Tovar