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ESTATE OF BISHOP v. EQUINOX INTERN. CORP.

No. 99-5215.

256 F.3d 1050 (2001)

ESTATE OF James S. BISHOP, formerly James S. Bishop d/b/a Essence of Life, Plaintiff-Appellant, v. EQUINOX INTERNATIONAL CORP., a Nevada corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 20, 2001.

Attorney(s) appearing for the Case

William S. Dorman, Dorman & Gilbert, P.A., Tulsa, Oklahoma, for Plaintiff-Appellant.

Mack J. Morgan III (D. Kent Meyers with him on the brief), Crowe & Dunlevy, Oklahoma City, Oklahoma, for Defendant-Appellee.

Before EBEL, BALDOCK, and KELLY, Circuit Judges.

EBEL, Circuit Judge.

This case arises from a trademark dispute between plaintiff-appellant, the Estate of James S. Bishop ("the Estate"), and defendant-appellee, Equinox International Corporation ("Equinox"), over Equinox's infringing use of the federally registered trademark "Essence of Life." We resolved a prior appeal in this case in Bishop v. Equinox International Corp., 154 F.3d 1220 (10th Cir.1998) ("Bishop I"...

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