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HENSLEY MFG. v. PROPRIDE, INC.

No. 08-1834.

579 F.3d 603 (2009)

HENSLEY MANUFACTURING, Incorporated, Plaintiff-Appellant, v. PROPRIDE, INCORPORATED; Sean Woodruff; James C. Hensley, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 3, 2009.

Attorney(s) appearing for the Case

ARGUED: Craig A. Redinger, Young Basile, Ann Arbor, Michigan, for Appellant. Josh J. Moss, Barris, Sott, Denn & Driker, PLLC, Detroit, Michigan, John F. Early, Jr., Law Office, Fenton, Michigan, for Appellees. ON BRIEF: Marshall G. MacFarlane, Young Basile, Ann Arbor, Michigan, for Appellant. Josh J. Moss, Barris, Sott, Denn & Driker, PLLC, Detroit, Michigan, John F. Early, Jr., Law Office, Fenton, Michigan, for Appellees.

Before: McKEAGUE and WHITE, Circuit Judges; MARBLEY, District Judge.

OPINION

McKEAGUE, Circuit Judge.

Hensley Manufacturing, Inc. ("Hensley Manufacturing") and ProPride, Inc., ("ProPride") both manufacture and sell trailer hitches for "RVers" everywhere. And, more importantly, both companies manufacture and sell trailer hitches designed by the same man: James Hensley (also known as "Jim Hensley"). Hensley Manufacturing claims that ProPride's use of Jim Hensley's name in its advertising material is likely to confuse consumers...

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