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FUJI KOGYO CO., LTD. v. PACIFIC BAY INTERN., INC.

No. 05-5854.

461 F.3d 675 (2006)

FUJI KOGYO CO., LTD, Plaintiff-Appellant, v. PACIFIC BAY INTERNATIONAL, INC., et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 23, 2006.

Attorney(s) appearing for the Case

ARGUED: William J. Utermohlen, Oliff & Berridge, Alexandria, Virginia, for Appellant. Hugh F. Bangasser, Preston, Gates & Ellis, Seattle, Washington, for Appellees. ON BRIEF: William J. Utermohlen, James A. Oliff, Darle M. Short, Oliff & Berridge, Alexandria, Virginia, William L. Harbison, Sherrard & Roe, Nashville, Tennessee, for Appellant. Hugh F. Bangasser, Preston, Gates & Ellis, Seattle, Washington, Theresa L. Keyes, Preston, Gates & Ellis, Spokane, Washington, Stephen H. Price, Stites & Harbison, Nashville, Tennessee, Mark J. Patterson, Emily A. Shouse, Waddey & Patterson, Nashville, Tennessee, Kent E. Krause, Brewer, Krause, Brooks, Chastain & Burrow, Nashville, Tennessee, for Appellees.

Before: BOGGS, Chief Judge; SUTTON, Circuit Judge; and SCHWARZER, District Judge.

OPINION

BOGGS, Chief Judge.

Plaintiff Fuji Kogyo Co., appeals the decision of the district court dismissing its suit to enjoin its competitors, the Defendants, Pacific Bay International, Inc., Batson Enterprises, Inc., and Amtak Limited, from selling fishing line guides that allegedly infringe its registered and unregistered trademarks. The district court cancelled three of Fuji's registered trademarks because it found them to be functional and therefore...

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