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GENERAL HEALTHCARE LTD. v. QASHAT

No. 03-1968.

364 F.3d 332 (2004)

GENERAL HEALTHCARE LTD., Plaintiff, Appellant, v. Isam QASHAT; Kent International Products, Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided April 13, 2004.

Attorney(s) appearing for the Case

Adam K. Derman with whom Peter E. Nussbaum, R. Jonas Geissler, and Wolff & Samson PC were on brief, for appellant.

Michael A. Albert with whom Laura Topper, and Wolf, Greenfield & Sacks, P.C. were on brief, for appellees.

Before HOWARD, Circuit Judge, COFFIN and CAMPBELL, Senior Circuit Judges.

COFFIN, Senior Circuit Judge.

In this dispute, both parties claim ownership of the United States trademark rights in "Kent Creme Bleach" (the Kent mark). Appellant General Healthcare International (GHL), a United Kingdom corporation, appeals the district court's grant of summary judgment in favor of Kent International Products (KIP), a United States corporation. The district court concluded that GHL never used the Kent trademark in commerce in the United States and...

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