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INTERNATIONAL STAMP ART INC. v. U.S. POSTAL SERVICE

No. 05-13492.

456 F.3d 1270 (2006)

INTERNATIONAL STAMP ART, INC., Plaintiff-Appellant, v. UNITED STATES POSTAL SERVICE, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 18, 2006.

Attorney(s) appearing for the Case

James Jay Wolfson, Matthew James Pulliam, Greenberg Traurig, LLP, Atlanta, GA, V. Stephen Cohen, William J. Schifino, Jr., Williams, Schifino, Mangione & Steady, P.A., Tampa, FL, for Plaintiff-appellant.

Aileen Bell Hughes, Atlanta, GA, Scott D. Bolden and John Fargo, U.S. Dept. of Justice, Commercial Lit., Washington, DC, for Defendant-Appellee.

Before BIRCH and CARNES, Circuit Judges, and TRAGER, District Judge.

PER CURIAM:

Plaintiff-appellant, International Stamp Art, Incorporated ("ISA") appeals a grant of summary judgment in favor of defendant-appellee, the United States Postal Service ("Postal Service") with respect to the Postal Service's assertion of fair use in response to ISA's allegations of trademark infringement. The appeal requires us to determine the appropriate legal standard for good faith with respect to a fair-use defense in this context, an issue of first...

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