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SOUTHCO, INC. v. KANEBRIDGE CORP.

No. 02-1243.

390 F.3d 276 (2004)

SOUTHCO, INC., Appellant v. KANEBRIDGE CORPORATION.

United States Court of Appeals, Third Circuit.

Reargued October 8, 2003.

Filed: December 3, 2004.

Attorney(s) appearing for the Case

James C. McConnon (Argued), Alex R. Sluzas, Paul & Paul, Philadelphia, PA, for Appellant.

Stanley H. Cohen, Caesar, Rivise, Bernstein, Cohen & Pokotilow, Philadelphia, PA, Steven B. Pokotilow (Argued), Stroock, Stroock, and Lavan, New York, NY, for Appellee.

Mark S. Davies (Argued), United States Department of Justice, Civil Division, Appellate Staff, Washington, DC, for Amicus Curiae The United States of America.

Before SCIRICA, Chief Judge, SLOVITER, NYGAARD, ALITO, ROTH, MCKEE, RENDELL, BARRY, AMBRO, FUENTES, SMITH, CHERTOFF, and BECKER, Circuit Judges.

Reargued En Banc: October 8, 2003.

OPINION OF THE COURT

ALITO, Circuit Judge:*

This is an appeal in a copyright case. Southco, Inc. alleges that Kanebridge Corp. violated its copyright by referring to the serial numbers that Southco assigned to certain parts that it manufactures. The District Court issued a preliminary injunction forbidding Kanebridge from making such references...

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