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LEATHERMAN TOOL GROUP v. COOPER INDUSTRIES, INC.

No. 97-1187.

131 F.3d 1011 (1997)

LEATHERMAN TOOL GROUP INCORPORATED, Plaintiff-Appellee, v. COOPER INDUSTRIES, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

November 19, 1997.

Attorney(s) appearing for the Case

Bruce W. DeKock, Chernoff, Vilhauer, McClung & Stenzel, LLP, Portland, OR, argued, for plaintiff-appellee. With him on the brief were J. Peter Staples and Julianne Ross Davis.

John D. Vandenberg, Klarquist Sparkman Campbell Leigh & Whinston, LLP, Portland, OR, argued, for defendant-appellant. With him on the brief were David J. Earp, and Garth A. Winn.

Before RICH, RADER, and BRYSON, Circuit Judges.

RICH, Circuit Judge.

Cooper Industries, Inc. (Cooper) appeals from the grant of a preliminary injunction by the United States District Court for the District of Oregon, enjoining Cooper from offering to sell or selling its Crescent Brand ToolZall (ToolZall) product within the United States. The district court determined that Leatherman Tool Group Inc. (Leatherman) was likely to succeed on the merits on a trade dress infringement claim based on its Leatherman Pocket...

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