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BLUE BELL BIO-MEDICAL v. CIN-BAD, INC.

No. 88-1710.

864 F.2d 1253 (1989)

BLUE BELL BIO-MEDICAL, Plaintiff-Appellant, v. CIN-BAD, INC., d/b/a CBi Medical, Inc., Robert A. Bishop, II and Ray Melander, Jr., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 10, 1989.

Attorney(s) appearing for the Case

Retta A. Miller, Dennis N. Ryan, Gerald C. Conley, Jackson & Miller Law Firm, Dallas, Tex., for plaintiff-appellant.

Charles B. Robinson, Clyde Siebman, Sherman, Tex., for defendants-appellees.

Before KING, WILLIAMS and SMITH, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

Appellant Blue Bell Bio-Medical appeals from the district court's refusal to grant a preliminary injunction in its trade dress infringement and unfair competition claims. We find that the district court applied the proper legal analysis and that its factual findings are not clearly erroneous. The court did not abuse its discretion in denying the preliminary injunction. We therefore affirm.

I. Background

Appellant...

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