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NITRO LEISURE PRODUCTS, L.L.C. v. ACUSHNET CO.

No. 02-1572.

341 F.3d 1356 (2003)

NITRO LEISURE PRODUCTS, L.L.C. (doing business as Golfballsdirect.com and as Second Chance), Plaintiff-Appellee, v. ACUSHNET COMPANY, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided August 26, 2003.

Attorney(s) appearing for the Case

Mark W. Yocca, Yocca Patch & Yocca LLP, of Irvine, California, argued for plaintiff-appellee. With him on the brief were Ryan M. Patch and Paul Kim. Of counsel on the brief was Mark G. Davis, McDermott, Will and Emery, of Washington, DC.

James F. Davis, Howrey Simon Arnold & White, of Washington, DC, argued for defendant-appellant. With him on the brief were Joseph P. Lavelle and Celine T. Callahan.

Before PAULINE NEWMAN, BRYSON and LINN, Circuit Judges.

Opinion for the Court by Circuit Judge LINN. Dissenting opinion by Circuit Judge PAULINE NEWMAN.

LINN, Circuit Judge.

Acushnet Company ("Acushnet") appeals from the denial of its motion for a preliminary injunction by the United States District Court for the Southern District of Florida. In re Nitro Leisure Prods., L.L.C., No. 02-14008-CV-Middlebrooks (S.D.Fla. Aug. 9, 2002) ("Order"). Because the district court did not abuse its discretion in...

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