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GIBSON GUITAR CORP. v. PAUL REED SMITH GUITARS, LP

Nos. 04-5836, 04-5837.

423 F.3d 539 (2005)

GIBSON GUITAR CORP., Plaintiff-Appellee, v. PAUL REED SMITH GUITARS, LP, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 12, 2005.

Attorney(s) appearing for the Case

ARGUED: William D. Coston, Venable LLP, Washington, D.C., for Appellant. John F. Triggs, Greenberg Traurig, New York, New York, for Appellee. ON BRIEF: William D. Coston, Kevin B. Collins, Venable LLP, Washington, D.C., for Appellant. John F. Triggs, Greenberg Traurig, New York, New York, David A. Kessler, Greenberg Traurig, McLean, Virginia, Edward D. Lanquist, Jr., Waddey & Patterson, Nashville, Tennessee, for Appellee.

Before: KENNEDY, MARTIN, and MOORE, Circuit Judges.

MOORE, J., delivered the opinion of the court, in which MARTIN, J., joined.

KENNEDY, J. (pp. 553-56), delivered a separate opinion concurring in part and dissenting in part.

OPINION

MOORE, Circuit Judge.

This is an interlocutory appeal of an injunction granted in a trademark case. The parties agree that the mark purports to include at least the two-dimensional guitar shape set out in the trademark-registration papers. However, they disagree...

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