MERRITT, J., delivered the opinion of the court, in which SILER, J., joined. JONES, J. (pp. 1056-57), delivered a separate concurring opinion.
OPINION
MERRITT, Circuit Judge.
In this action, the plaintiffs, Circuit City companies, sue the defendants, CarMax, Inc., Philip Artz and Harold Artz, for trademark infringement and unfair competition under the Lanham Act §§ 32, 45(a), 15 U.S.C.A. §§ 1114, 1125(a). Circuit City also sues...
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