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BOSTON DUCK TOURS, LP v. SUPER DUCK TOURS, LLC

Nos. 07-2078, 07-2246.

531 F.3d 1 (2008)

BOSTON DUCK TOURS, LP, Plaintiff-Appellee, Cross-Appellant, v. SUPER DUCK TOURS, LLC, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, First Circuit.

Decided June 18, 2008.

Attorney(s) appearing for the Case

Robert R. Pierce, with whom Christopher D. Engebretson and Pierce & Mandell, P.C. were on brief, for plaintiff, appellee.

Joshua M. Dalton, with whom Victor H. Polk, Jr., Ralph C. Martin, II, Lawrence T. Stanley, Jr., and Bingham McCutchen LLP, were on brief for defendant, appellant.

Before Lipez and Howard, Circuit Judges, and DiClerico, Jr., Senior District Judge.

LIPEZ, Circuit Judge.

In this trademark infringement dispute, defendant-appellant Super Duck Tours ("Super Duck") appeals a preliminary injunction granted in favor of plaintiff-appellee Boston Duck Tours ("Boston Duck"). Asserting that the phrase "duck tour" and the image of a duck splashing in water are generic, and therefore that there is no likelihood of confusion between Boston Duck's marks and Super Duck's marks, appellant requests that we dissolve the injunction...

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