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XTREME LASHES, LLC v. XTENDED BEAUTY, INC.

No. 08-20578.

576 F.3d 221 (2009)

XTREME LASHES, LLC; Joumana Mousselli, Plaintiffs-Appellants, v. XTENDED BEAUTY, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 15, 2009.

Attorney(s) appearing for the Case

Charles Alfred Sturm (argued), Howard Lynn Steele, Jr., Steele Sturm, PLLC, Houston, TX, for Plaintiffs-Appellants.

Paul Clark Van Slyke (argued), Locke, Lord, Bissell & Liddell, LLP, Houston, TX, for Defendant-Appellee.

Before BARKSDALE, DeMOSS and STEWART, Circuit Judges.

DeMOSS, Circuit Judge:

This dispute concerns trademarks for eyelash extensions. We hold that the district court incorrectly granted summary judgment to Defendant-Appellee Xtended Beauty, Inc. ("Xtended") on infringement claims by Plaintiffs-Appellants Xtreme Lashes, LLC and Joumana Mousselli (collectively "Xtreme"). We also hold that the district court incorrectly stripped Xtreme's mark EXTEND YOUR BEAUTY of trademark protection. We reverse and remand for trial.<...

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