Lefkowitz (Appellee)
San Francisco, CA
Members: Michelle Dong, Sarah Mojarro, Emerald Tsui
Coaches: Kristin Lahaszow (Student), Greg Michael & Dorothy Yamamoto (Alumni)
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?

Scheduling Contact: Kristin Lahaszow (klahaszow@uchastings.edu)
Document(s): Kristin will email the bench memo the evening before practice.
Thu. January 16
12:00PM - 1:00PM C Amrita Sethi Reed H. Breana Michael Guan Kate Souza
7:00PM - 9:00PM F Greg & Dorothy
Fri. January 17
3:00PM - 4:30PM D Stephanie Richardson Ashley Quan Amrita Sethi Tina Nguyen maxim gorbunov
Sat. January 18
10:00AM - 11:30AM D (Joint with Appellant) Greg & Dorothy Madison Boucher
12:00PM - 2:00PM J Julia Covello Amrita Madison Boucher
Sun. January 19
3:00PM - 5:00PM D Madison
Mon. January 20
10:00AM - 12:00PM D Geoffrey Fitzpatrick Mikayla O'Neal Engram Mikayla O'Neal CJ Connolly
Tue. January 21
Thu. January 23
12:00PM - 1:00PM MCR Andrew Wu CJ Connolly Madi Brittany Stahl Ethan Osheroff
7:00PM - 9:00PM F Greg & Dorothy Madison
Fri. January 24
3:00PM - 4:30PM D Julia Covello Marah Bragdon Geoffrey Fitzpatrick Brittany Stahl Madi
Sat. January 25
10:00AM - 12:00PM J Greg & Dorothy CLOSED LINE BY LINE
Mon. January 27
7:00PM - 9:00PM D Greg & Dorothy Andrew
Tue. January 28
4:30PM - 5:30PM 630 Michael Guan Katy Hetherington Amrita Sethi Justine Jung Kimberly Macey
Thu. January 30
12:00PM - 1:00PM K Katy Hetherington Tara Suhansi Perera Maryam Quasto Laura Tovar
7:00PM - 9:00PM F Greg & Dorothy Emily Burns Tina (from 7:30) Atrina
Fri. January 31
3:00PM - 4:30PM M120 Eduardo Magana Darpan Singh Pooja Abhyankar Laura Tovar Julia Covello
Sat. February 1
9:00AM - 11:00AM 410 (joint with appellant) Jesse Sanchez James Davis Egan Kelly Sagaser
11:30AM - 1:30PM 620A Greg & Dorothy Victoria Ayeni canceled canceled canceled
Sun. February 2
10:00AM - 12:00PM MCR Nick
12:30PM - 2:30PM D Amalia Bowley Fuentes Madison
Mon. February 3
6:00PM - 8:00PM MCR - JOINT with Appellant Greg & Dorothy James Egan
Thu. February 6
12:00PM - 1:00PM G Alex Garcia Natalie Ryang Cassie Shryock Navneet CJ Connolly
5:00PM - 7:00PM 410 (send off!!!) Brittany Stahl Atrina Julia Covello Katy Hetherington Amrita