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ROSE ART INDUSTRIES, INC. v. SWANSON

No. 98-6489.

235 F.3d 165 (2000)

ROSE ART INDUSTRIES, INC., a New Jersey Corporation; Warren Industries, Inc., an Indiana Corporation v. Carl SWANSON, an individual; The Swanson Group, Inc., a Delaware Corporation; Raymond Geddes & Company, Inc., a Maryland Corporation Rose Art Industries, Inc., Appellant.

United States Court of Appeals, Third Circuit.

Filed December 13, 2000.

Attorney(s) appearing for the Case

Roslyn S. Harrison, Esquire (Argued), Joseph F. Falgiani, Esquire, Joan T. Pinaire, Esquire, Nicholas Albano III, Esquire, McCarter & English, LLP, Four Gateway Center, 100 Mulberry Street, Newark, New Jersey 07102, Attorneys for Appellant.

Kathryn Miller Goldman, Esquire, (Argued), Donna M.D. Thomas, Esquire, Astrachan, Gunst, Goldman & Thomas, P.C., 20 South Charles Street, 6th Floor Baltimore, Maryland 21201, Attorneys for Appellee.

Before ROTH and WEIS, Circuit Judges, SHADUR, District Judge.

OPINION OF THE COURT

ROTH, Circuit Judge:

The issue in this appeal is colorful. The appellant, Rose Art Industries, Inc. (Rose Art), claims that the appellee, Raymond Geddes and Company (Geddes), engaged in unfair competition in violation of section 43(a) of the Lanham Act. Specifically, Rose Art, a distributor of crayons, markers, and colored pencils, seeks to enjoin Geddes from distributing various stationery products (markers, crayons, and colored pencils...

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