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CREATIVE GIFTS, INC. v. UFO

No. 99-2247.

235 F.3d 540 (2000)

CREATIVE GIFTS, INC., Fascinations Toys & Gifts, Inc. and William Hones, Plaintiffs-Appellees, v. UFO, Michael Sherlock and Karen Sherlock, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

December 15, 2000.

Attorney(s) appearing for the Case

Paul Adams (Brian J. Pangrle, with him on the briefs) of Peacock Myers & Adams, P.C., Albuquerque, NM, for Defendants-Appellants.

George C. Meyers, Jr., of Blank Rome Comisky & McCauley LLP, Washington, DC, (Denise C. Lane and Lisa Kaufman (Blank Rome), Dewitt M. Morgan and Edward Ricco of Rodey Dickason Sloan Akin & Robb, P.A., Albuquerque, NM, with him on the brief), for Plaintiffs-Appellees.

Before KELLY and HENRY, Circuit Judges, and SHADUR, District Judge.

SHADUR, District Judge.

Creative Gifts, Inc. ("Creative Gifts"), Fascinations Toys & Gifts, Inc. ("Fascinations") and William Hones ("Hones") brought a trademark infringement action against Michael and Karen Sherlock and their company UFO, charging the unauthorized use of Creative Gifts' trademark "Levitron."1 Sherlocks raised four defenses against the infringement action, including the contention that the term "Levitron" was generic...

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