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NEW KAYAK POOL CORP. v. R & P POOLS, INC.

Docket No. 00-9077.

246 F.3d 183 (2001)

The New Kayak Pool Corporation, Plaintiff-Appellant, v. R & P Pools, Inc., doing business as Island Pools, Richard A. Gerspach and Paul J. Gerspach, Defendants-Appellees.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: April 10, 2001.

Attorney(s) appearing for the Case

Marilyn A. Hochfield, Buffalo, N.Y. (Kavinoky & Cook, LLP, of counsel), for Plaintiff-Appellant.

Lisa T. Sofferin, Buffalo, N.Y. (Brown & Kelly, LLP, of counsel), for Defendants-Appellees.

Before OAKES, CARDAMONE, and PARKER, Circuit Judges.

OAKES, Senior Circuit Judge:

The New Kayak Pool Corporation ("Kayak") moved for a preliminary injunction against R & P Pools, Inc. and two individual defendants (collectively "Island Pools"), alleging trademark infringement. The United States District Court for the Western District of New York, John T. Elfvin, Judge, denied the motion based on its conclusion that Kayak had failed to demonstrate the necessary likelihood of confusion arising from Island Pools...

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