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TUMBLEBUS INC. v. CRANMER

No. 04-5060.

399 F.3d 754 (2005)

TUMBLEBUS INC., Plaintiff-Appellee, v. Meredith CRANMER, d/b/a Tumblebus of Louisville, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 13, 2005.

Rehearing and Rehearing Denied January 13, 2005.

Rehearing Denied March 15, 2005.

Attorney(s) appearing for the Case

ARGUED: Jack Allen Wheat, Stites & Harbison, Louisville, Kentucky, for Appellant. James R. Higgins, Jr., Middleton Reutlinger, Louisville, Kentucky, for Appellee. ON BRIEF: Jack Allen Wheat, Bethany A. Breetz, Stites & Harbison, Louisville, Kentucky, Samuel F. Miller, Stites & Harbison, Nashville, Tennessee, for Appellant. James R. Higgins, Jr., Julie A. Gregory, Robert J. Theuerkauf, Middleton Reutlinger, Louisville, Kentucky, for Appellee.

Before: MOORE and CLAY, Circuit Judges; HAYNES, District Judge.

Rehearing and Rehearing En Banc Denied January 13, 2005.

Rehearing En Banc Denied March 15, 2005.

OPINION

MOORE, Circuit Judge.

Defendant-Appellant Meredith Cranmer ("Cranmer"), d/b/a Tumblebus of Louisville, appeals from the district court's order granting Plaintiff-Appellee Tumblebus Incorporated's ("Tumblebus Inc.") motion for a preliminary injunction restricting Cranmer's use of the TUMBLEBUS mark and related trade dress during the pendency...

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