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BLACK & DECKER, INC. v. HOOVER SERVICE CENTER

No. 89-1287.

886 F.2d 1285 (1989)

BLACK & DECKER, INC. Black & Decker (U.S.), Inc. and CIC Int'l Corp., Plaintiffs-Appellants, v. HOOVER SERVICE CENTER, and The Hoover Company, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Rehearing Denied October 23, 1989.

Attorney(s) appearing for the Case

Don K. Harness, Harness, Dickey & Pierce, Birmingham, Mich., argued for plaintiffs-appellants. With him on the brief were John A. Artz and Gordon K. Harris, Jr. Also on the brief were Mark D. Gately and Daniel R. Lanier, Miles & Stockbridge, Baltimore, Md. and Edward D. Murphy, Black & Decker, Inc., Towson, Md., of counsel.

Ray L. Weber, Renner, Kenner, Greive, Bobak, Taylor & Weber, Akron, Ohio, argued for defendants-appellees. With him on the brief was Sylvia A. Petrosky.

Before MARKEY, Chief Judge, NEWMAN and ARCHER, Circuit Judges.

MARKEY, Chief Judge.

Black & Decker, Inc., Black & Decker (U.S.), Inc., and CIC Int'l Corp. (collectively B & D), appeal from a denial by the United States District Court for the District of Connecticut, Civil Action No. H-87-851, of preliminary injunctions against trademark and patent infringement allegedly being committed by Hoover Service Center and The Hoover Company (Hoover). We vacate and remand.

BACKGROUND

On November 2, 1987,...

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