Fifth Circuit Reverses District Court’s Conclusion that MISSION BURRITO trademark Does Not Infringe on Gruma’s MISSION mark.

October 11, 2012 in Case Summaries

Jeff Levinger represented Gruma, the manufacturer of Mexican food products sold under the well-known trademark MISSION, in its appeal seeking to reverse a district court’s conclusion that a Mexican restaurant chain called MISSION BURRITOS was not infringing upon or diluting Gruma’s MISSION trademark.  Despite the high level of deference that appellate courts ordinarily give to trial court’s findings of fact, the Fifth Circuit held that the district court had clearly erred in finding no likelihood of confusion or dilution from the restaurant chain’s use of the MISSION BURRITO mark.  The Fifth Circuit remanded the case to the lower court to determine the appropriate scope of injunctive relief against the future use of the MISSION BURRITO mark.  Gruma Corp. v. Mexican Restaurants, Inc., 2012 WL 4842036 (5th Cir. Oct. 11, 2012).

Courts:  Federal Courts of Appeals
Subject Matter:  Intellectual Property