Federal Appellate Coverage
Auremont Vale’s analysis of consequential decisions from the United States Court of Appeals for the Eighth Circuit.
Eighth Circuit · 8th Cir.
Official court website ↗
Trademark Functionality·
Weems sold chartreuse as “Safety Green,” telling buyers the color made its hoses easier to see and helped prevent tripping. Before the USPTO, it called that visibility “purely incidental.” The Eighth Circuit held the color functional and upheld more than $3 million in fees.
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Qualified Immunity·
Lieutenant Javan Fowlkes received qualified immunity for spraying Derrick Jones during active resistance. He lost it over a seven-second spray after Jones was cuffed and gasping in a medical room. The district court now faces claims involving missing video, force reviews, water shutoffs, and disability accommodations.
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