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NAUTILUS GROUP v. ICON HEALTH AND FITNESS

No. 03-1526.

372 F.3d 1330 (2004)

The NAUTILUS GROUP, INC. (formerly known as Direct Focus, Inc.), Plaintiff-Appellee, v. ICON HEALTH AND FITNESS, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied July 16, 2004.

Attorney(s) appearing for the Case

Paul T. Meiklejohn, Dorsey & Whitney LLP, of Seattle, WA, argued for plaintiff-appellee. With him on the brief was Mark S. Carlson.

Brent P. Lorimer, Workman Nydegger, P.C., of Salt Lake City, UT, argued for defendant-appellant. On the brief were Larry R. Laycock; David R. Wright; and David R. Todd. Of counsel were Robyn L. Phillips; Sterling A. Brennan; and L. Rex Sears.

Before MICHEL, SCHALL, and PROST, Circuit Judges.

SCHALL, Circuit Judge.

Defendant-appellant in this trademark infringement suit, ICON Health and Fitness, Inc. ("ICON"), appeals from the order of the United States District Court for the Western District of Washington granting a preliminary injunction in favor of plaintiff-appellee, The Nautilus Group, Inc. ("Nautilus"). Nautilus Group, Inc. v. ICON Health & Fitness, Inc., 308 F.Supp.2d 1208 (W.D.Wash.2003) ("Preliminary...

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