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DERMA PEN, LLC v. 4EVERYOUNG LTD.

No. 13-4157.

773 F.3d 1117 (2014)

DERMA PEN, LLC, Plaintiff-Appellant, v. 4EVERYOUNG LIMITED; Equipmed International PTY Ltd, d/b/a DermapenWorld; Stene Marshall, d/b/a Dermapen World, Defendants-Appellees, and DermapenWorld; Biosoft (AUST) PTY Ltd, d/b/a Dermapen World, Defendants.

United States Court of Appeals, Tenth Circuit.

December 9, 2014.

Attorney(s) appearing for the Case

Samuel F. Miller , Maia T. Woodhouse , and Nicholas L. Vescovo , Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., Nashville, TN, for Plaintiff-Appellant.

James E. Magleby , Christine T. Greenwood , Christopher M. Von Maack , Magleby & Greenwood, P.C., Salt Lake City, UT, for Defendants-Appellees.

Before KELLY, BACHARACH, and PHILLIPS, Circuit Judges.

Two companies, Derma Pen, LLC and 4EverYoung, entered a sales distribution agreement. Under the agreement, Derma Pen, LLC obtained the exclusive right to use the DermaPen trademark in the United States. 4EverYoung had a contractual right of first refusal, allowing purchase of Derma Pen, LLC's U.S. trademark rights upon...

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