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L.D. KICHLER CO. v. DAVOIL, INC.

No. 98-1488.

192 F.3d 1349 (1999)

The L.D. KICHLER CO., Plaintiff-Appellant, v. DAVOIL, INC. (d/b/a Quorum International), Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 30, 1999.

Attorney(s) appearing for the Case

George L. Pinchak, Watts, Hoffman, Fisher & Heinke Co., L.P.A., of Cleveland, Ohio, argued for plaintiff-appellant. Of counsel was Lowell L. Heinke.

Kenneth C. Hill, Felsman, Bradley, Gunter & Dillon, LLP, of Forth Worth, Texas, argued for defendant-appellee. With him on the brief was Max Ciccarelli.

Before MAYER, Chief Judge, NEWMAN, and LOURIE, Circuit Judges.

MAYER, Chief Judge.

The L.D. Kichler Co. appeals the judgment of the United States District Court for the Northern District of Ohio, L.D. Kichler Co. v. Davoil, Inc., No. 96-CV-2022 (N.D.Ohio Jan. 29, 1998), which granted Davoil, Inc.'s, d/b/a Quorum International ("Quorum"), motion for summary judgment canceling Kichler's trademark Registration No. 1,803,172 ("the `172 trademark") and holding Kichler's "Olde Brick" trademark, Supplemental Registration No....

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