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TOOLS USA v. CHAMP FRAME STRAIGHTENING

No. 95-1698.

87 F.3d 654 (1996)

TOOLS USA AND EQUIPMENT COMPANY, Plaintiff-Appellee, v. CHAMP FRAME STRAIGHTENING EQUIPMENT, INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 2, 1996.

Attorney(s) appearing for the Case

ARGUED: Thomas Matthew Clare, Teague, Campbell, Dennis & Gorham, Raleigh, North Carolina, for Appellant. Jack William Floyd, Floyd, Allen & Jacobs, L.L.P., Greensboro, North Carolina, for Appellee. ON BRIEF: Karen K. Prather, Teague, Campbell, Dennis & Gorham, Raleigh, North Carolina, for Appellant. Robert V. Shaver, Jr., Floyd, Allen & Jacobs, L.L.P., Greensboro, North Carolina, for Appellee.

Before WIDENER, NIEMEYER, and MOTZ, Circuit Judges.

Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge WIDENER and Judge NIEMEYER joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

Tools USA and Equipment Company brought this action against Champ Frame Straightening Equipment alleging trade dress infringement and unfair competition under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) (1994), and deceptive or unfair trade practices under state law. The jury returned...

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