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AFFLICTION HOLDINGS, LLC v. UTAH VAP OR SMOKE, LLC

No. 18-4146.

935 F.3d 1112 (2019)

AFFLICTION HOLDINGS, LLC, Plaintiff-Appellant, v. UTAH VAP OR SMOKE, LLC, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED August 27, 2019.

Attorney(s) appearing for the Case

Brent H. Blakely ( Jessica C. Covington with him on the briefs), Blakely Law Group, Manhattan Beach, California, for Appellant.

Matthew J. Orme ( Clinton E. Duke , with him on the brief), Durham Jones & Pinegar, Salt Lake City, Utah, for Appellee.

Before LUCERO, BACHARACH, and EID, Circuit Judges.

Affliction Holdings, LLC ("Affliction") sued Utah Vap or Smoke, LLC ("Utah Vap") alleging trademark infringement. The district court granted Utah Vap's motion for summary judgment, holding there was no likelihood of confusion between the parties' marks. Exercising jurisdiction under 28 U.S.C. § 1291, we reverse.

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