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WESTERN DIVERSIFIED SERV. INC. v. HYUNDAI MOTOR AMERICA, INC.

No. 03-4248.

427 F.3d 1269 (2005)

WESTERN DIVERSIFIED SERVICES, INC., an Illinois corporation, Plaintiff-Appellant, v. HYUNDAI MOTOR AMERICA, INC., a California corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

November 1, 2005.

Attorney(s) appearing for the Case

Michael J. Kelley, (K.S. Cornaby and Ryan M. Harris, with him on the briefs) Jones, Waldo, Holbrook & McDonough, P.C., Salt Lake City, UT, for Plaintiff-Appellant.

Robert B. Golden, (Howard N. Aronson with him on the brief) Lackenbach Siegel LLP, Scarsdale, NY, for Defendant-Appellee.

Before EBEL, McWILLIAMS, Circuit Judges, and FRIOT, District Judge.

EBEL, Circuit Judge.

This appeal involves a claim for trademark infringement under the Lanham Act, 15 U.S.C. §§ 1051-1127 (2000). We must determine if Plaintiff has raised a genuine factual issue as to whether Defendant's alleged infringement was willful, entitling Plaintiff to an award of Defendant's profits and attorneys' fees. The district court entered partial summary judgment in favor of Defendant on the trademark infringement claim and certified its...

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