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STONE CREEK, INC. v. OMNIA ITALIAN DESIGN, INC.

No. 15-17418, No. 16-15304.

862 F.3d 1131 (2017)

STONE CREEK, INC., an Arizona corporation, Plaintiff-Appellant, v. OMNIA ITALIAN DESIGN, INC., a California corporation, Defendant-Appellee. Stone Creek, Inc., an Arizona corporation, Plaintiff, and Adam Smith; Corey Eschweiler; Joshua Lloyd Benson; Mark Douglas Chester, Appellants, v. Omnia Italian Design, Inc., a California corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 11, 2017.

Attorney(s) appearing for the Case

Joshua L. Benson (argued) and Corey M. Eschweiler , Glen Lerner Injury Attorneys, Las Vegas, Nevada, for Plaintiff-Appellants.

Daniel C. DeCarlo (argued), Brittany H. Bartold , Daniel R. Lewis , and Jeffry A. Miller , Lewis Brisbois Bisgaard & Smith LLP, Los Angeles, California, for Defendant-Appellee.

Before: M. Margaret McKeown and Consuelo M. Callahan, Circuit Judges, and Gordon J. Quist, District Judge.

OPINION

This appeal, set in the high-stakes world of furniture sales, runs the gamut of trademark infringement issues. The facts are somewhat unusual: the alleged infringer, leather furniture manufacturer Omnia Italian Design, Inc. ("Omnia"), admits that it blatantly copied and began selling the same goods branded...

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