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SWAROVSKI AKTIENGESELLSCHAFT v. BUILDING NO. 19

No. 12-1659.

704 F.3d 44 (2013)

SWAROVSKI AKTIENGESELLSCHAFT; Swarovski North America Limited, Plaintiffs, Appellees, v. BUILDING # 19, INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

January 9, 2013.

Attorney(s) appearing for the Case

Michael C. Gilleran with whom Michael D. Riseberg , Jeffrey K. Techentin , Rory Z. Fazendeiro and Adler Pollock & Sheehan P.C. were on brief for appellant.

Robert K. Taylor with whom Partridge Snow & Hahn LLP was on brief for appellees.

Before LYNCH, Chief Judge, BOUDIN, Circuit Judge, and WOODLOCK, District Judge.

PER CURIAM.

Defendant-appellant Building # 19, Inc. appeals from the entry of a preliminary injunction restricting its use of the word "Swarovski" in newspaper advertising to a certain font size. The case is ongoing in the district court, with requests for permanent injunctive relief pending. The dispute began when Building # 19 obtained a number of Swarovski crystal figurines that it hoped to resell, and in order to promote the sale designed a newspaper advertisement...

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