GEORGIA PACIFIC CONSUMER PRODUCTS v. VON DREHLE

No. 12-1444.

710 F.3d 527 (2013)

GEORGIA PACIFIC CONSUMER PRODUCTS, LP, Plaintiff-Appellant, and Georgia-Pacific Corporation, Plaintiff, v. VON DREHLE CORPORATION, a North Carolina corporation, Defendant-Appellee, and Carolina Janitorial & Maintenance Supply, a North Carolina corporation, Defendant, Myers Supply, Incorporated, Intervenor/Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: March 14, 2013.


Attorney(s) appearing for the Case

ARGUED: Miguel A. Estrada , Gibson, Dunn & Crutcher, LLP, Washington, D.C., for Appellant. Michael Paul Thomas , Patrick Harper & Dixon, LLP, Hickory, North Carolina, for Appellee. ON BRIEF: Stephen P. Demm , John Gary Maynard, III , George P. Sibley, III , Hunton & Williams LLP, Richmond, Virginia; Jonathan C. Bond , Gibson, Dunn & Crutcher, LLP, Washington, D.C.; W. Kyle Carpenter , Woolf, McClane, Bright, Allen & Carpenter, Knoxville, Tennessee, for Appellant. Susan W. Matthews , Patrick Harper & Dixon, LLP, Hickory, North Carolina; Albert P. Allan , Allan IP Litigation, Charlotte, North Carolina; Stephen L. Curry , Little Rock, Arkansas, for Appellee.

Vacated and remanded by published opinion. Judge KEENAN wrote the opinion, in which Judge GREGORY and Senior Judge PAYNE joined.


OPINION

BARBARA MILANO KEENAN, Circuit Judge:

In our previous consideration of this trademark infringement dispute between plaintiff Georgia-Pacific Consumer Products, LP (Georgia-Pacific) and von Drehle Corporation (von Drehle), we vacated the district court's award of summary judgment in von Drehle's favor, and remanded the case for a jury determination whether von Drehle was liable for contributory trademark infringement. Georgia Pacific Consumer Prods...

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