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HARTFORD HOUSE, LTD. v. HALLMARK CARDS, INC.

No. 86-2748.

846 F.2d 1268 (1988)

HARTFORD HOUSE, LTD., a Colorado corporation, d/b/a Blue Mountain Arts, Susan Polis Schutz, and Stephen Schutz, Plaintiffs-Appellees, v. HALLMARK CARDS, INCORPORATED, a Missouri corporation, and Hallmark Marketing Corporation, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

May 24, 1988.

Attorney(s) appearing for the Case

Robert J. Sisk, of counsel, of Hughes, Hubbard & Reed, New York City (John M. Townsend of Hughes, Hubbard & Reed, New York City, Andrea I. Williams, Thomas S. Nichols and Andrew M. Low of Davis, Graham & Stubbs, Denver Colo., and Barry M. Katz and M. Theresa Hupp of Hallmark Cards, Inc., Kansas City, Mo., with him on the briefs), for defendants-appellants.

Harry G. Melkonian of White & Case, Los Angeles, Cal. (James B. Hicks and Kathleen M. White of White & Case, Los Angeles, Cal., and Steve C. Briggs of Hutchinson, Black, Hill & Cook, Boulder, Colo., with him on the brief), for plaintiffs-appellees.

Before HOLLOWAY and McKAY, Circuit Judges, and BURCIAGA, District Judge.

McKAY, Circuit Judge.

I.

Plaintiffs, Susan Polis Schutz, Stephen Schutz, and Hartford House, Ltd., d/b/a Blue Mountain Arts (hereinafter collectively referred to as "Blue Mountain"), are in the greeting card business. Presently, Blue Mountain's two major lines of cards are entitled "AireBrush Feelings" and "WaterColor Feelings." These lines have been on the market since 1981 and 1983, respectively, and contain non-occasion emotional messages concerning love...

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