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THANE INTERN., INC. v. TREK BICYCLE CORP.

Nos. 00-55293, 00-55599.

305 F.3d 894 (2002)

THANE INTERNATIONAL, INC., a Delaware corporation, Plaintiff-Counter-Defendant-Appellee, v. TREK BICYCLE CORPORATION, a Wisconsin corporation, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 6, 2002.

Amended September 19, 2002.

Attorney(s) appearing for the Case

Jeffrey S. Kravitz and Cynthia M. Frey, Lord, Bissell & Brook, Los Angeles, CA, David C. Brezina, Lee, Mann, Smith, McWilliams, Sweeney & Ohlson, Hugh C. Griffin and Hugh S. Balsam, Lord, Bissell & Brook, Chicago, IL, for the defendant-counter-claimant-appellant.

Kamran Fattahi, Kelly Bauersfeld Lowry & Kelley, LLP, Woodland Hills, CA, for the plaintiff-counter-defendant-appellee.

Before: B. FLETCHER, T.G. NELSON and BERZON, Circuit Judges.

ORDER

The Opinion filed September 6, 2002, slip op. 13377, and appearing at 2002 WL 31001183 (Sep. 6, 2002), is amended as follows:

The caption is changed to reflect the addition of Case No. 00-55599, the companion case consolidated with No. 00-55293. This case number was inadvertently omitted from the opinion as filed.

OPINION

BERZON, Circuit Judge.

Trek Bicycle Corporation ("Trek") has long used the trademark "TREK" on its bicycles...

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