Sweet People Apparel and Rock Revival v. Phoenix Fibers


Haynes and Boone, LLP recently secured a win in the U.S. Court of Appeals for the Ninth Circuit, which issued a 2-1 decision in favor of Phoenix Fibers, a textile recycling business.

The plaintiffs, Sweet People Apparel and Rock Revival, sued Phoenix Fibers for alleged trademark infringement and breach of contract.

The plaintiffs opposed the motion with inadmissible evidence, prompting Phoenix Fibers to lodge evidentiary objections. The plaintiffs did not respond to those objections, despite having seven months and a supplemental briefing opportunity to do so. The district court granted summary judgment for Phoenix Fibers, reasoning that: the plaintiffs failed to respond to the evidentiary objections; three key categories of evidence that plaintiffs did proffer were inadmissible; and the plaintiffs could not establish a prima facie case for trial without supporting admissible evidence.

Haynes and Boone advised Phoenix Fibers with a team including Ken Parker (Picture), M.C. Sungaila and Associate Marco Pulido.

Involved fees earner: Kenneth Parker – Haynes and Boone; Marco Pulido – Haynes and Boone; Mary-Christine Sungaila – Haynes and Boone;

Law Firms: Haynes and Boone;

Clients: Phoenix Fibers;

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Author: Ambrogio Visconti