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MARKETING DISPLAYS, INC. v. TRAFFIX DEVICES, INC.

Nos. 97-1148, 97-2096 and 97-2097.

200 F.3d 929 (1999)

MARKETING DISPLAYS, INCORPORATED, Plaintiff-Appellee/Cross-Appellant, v. TRAFFIX DEVICES, INCORPORATED, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 29, 1999.

Attorney(s) appearing for the Case

Frank A. Angileri, Brooks & Kushman, Southfield, MI, John A. Artz (argued and briefed), Lyon & Artz, Southfield, MI, for Plaintiff-Appellee/Cross-Appellant.

Richard W. Hoffmann (briefed), Jeanne-Marie Marshall (argued and briefed), Craig A. Baldwin, Reising, Ethington, Barnes, Kisselle, Learman & McCullock, Troy, MI, Irwin Alterman (argued and briefed), Kemp, Klein, Umphrey & Endelman, Troy, MI, for Defendant-Appellant/Cross-Appellee.

Before: BOGGS and DAUGHTREY, Circuit Judges; and MCKINLEY, District Judge.

OPINION

BOGGS, Circuit Judge.

This consolidated appeal concerns three related but distinct disputes between the parties. Marketing Devices, Inc. (owner of the WindMaster trademark) claims that TrafFix Displays, Inc. (owner of the WindBuster trademark) has infringed its trademark, infringed its trade dress, and violated federal unfair competition laws in the process. TrafFix denies these charges, and counterclaims...

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