I Scream, you Scream

May 6, 2014

  • 157 Evidence
  • 157I Judicial Notice
  • 157k7 k. Qualities and Properties of Matter.

157 EvidenceDistrict court could take judicial notice, and Court of Appeals would likewise take judicial notice, of fact that color indicated flavor of ice cream, for purpose of manufacturer’s claim under Lanham Act that competitor infringed trade dress of manufacturer’s flash-frozen novelty ice cream; fact was adjudicative in nature and generally known among consumers.

Dippin’ Dots, Inc. v. Frosty Bites Distribution, LLC, 369 F.3d 1197 (11th Cir. 2004)