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SUREFOOT LC v. SURE FOOT CORPORATION

No. 06-4294.

SUREFOOT LC, Plaintiff-Appellant v. SURE FOOT CORPORATION, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Filed July 8, 2008.

Attorney(s) appearing for the Case

Robert W. Adams of Nixon & Vanderhye P.C., Arlington, Virginia (Steven Call and Carolynn Clark of Ray, Quinney & Nebeker P.C., Salt Lake City, Utah, and Michael E. Crawford, Nixon & Vanderhye P.C., Arlington, Virginia, with him on the briefs), for Plaintiff-Appellant.

Charles W. Jirauch of Quarles & Brady Streich Lang, LLP, Phoenix, Arizona (W. LaNelle Owens of Quarles & Brady Streich Lang, LLP, Phoenix, Arizona; Marcy G. Glenn of Holland & Hart LLP, Denver, Colorado; and Brett L. Foster, Cecilia M. Romero, and Romaine C. Marshall of Holland & Hart LLP, Salt Lake City, Utah, with him on the brief), for Defendant-Appellee.

Before MURPHY, HARTZ, and GORSUCH, Circuit Judges.

GORSUCH, Circuit Judge.

In this case, two companies with similar names find themselves in the midst of a trademark dispute. Over the course of several years, Sure Foot Corp. has repeatedly accused Surefoot LC, of infringing on its trademark, occasionally threatened litigation if Surefoot LC failed to change its name, and filed five administrative petitions opposing Surefoot LC's attempts to obtain trademark registrations. Faced with uncertainty about its right to...

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