Quimbee logo
DMCA.com Protection Status
From our private database of 16,300+ case briefs...

Sugar Busters, LLC, v. Brennan

United States Court of Appeals for the Fifth Circuit
177 F.3d 258 (1999)


Sugar Busters, L.L.C. (Sugar Busters) (plaintiff) was a company organized by authors who wrote the book “SUGAR BUSTERS! Cut Sugar to Trim Fat.” The book was about a diet plan designed by the authors. Sugar Busters obtained the right to use the trademark “SUGARBUSTERS” from Elliott Company, Inc., and Elliot Company, Inc. had obtained the right to use the trademark from Thronton-Sahoo, Inc. Thornton-Sahoo, Inc., in turn, had obtained the right to use the trademark from Sugarbusters Inc. Sugarbusters, Inc. had registered the trademark for a retail store that sold products and information to diabetics. Brennan (defendant) was a consultant hired by Sugar Busters to help with the publishing and marketing process. Brennan and one of the authors, Steward, also decided to write a cookbook based on the diet. Sugar Busters gave Brennan and Steward permission to publish the cookbook, but changed its mind about Steward’s engaging in an independent project. Steward encouraged Brennan to continue on the project since she was only a consultant. Brennan published the cookbook “SUGAR BUST for Life!” in 1988. Sugar Busters sued Brennan for trademark infringement and dilution and claimed that cookbook consumers were misled about the association between the cookbook and Sugar Busters. The district court granted the Sugar Busters a preliminary injunction, and Brennan appealed.

Rule of Law


Holding and Reasoning (King, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 366,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,300 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.