VOLVO TRADEMARK HOLDING AKTIEBOLAGET v. CLARK MACHINERY CO.

Nos. 06-2091, 06-2145.

510 F.3d 474 (2007)

VOLVO TRADEMARK HOLDING AKTIEBOLAGET, a Swedish corporation; Volvo Construction Equipment North America, a Delaware corporation; Champion Road Machinery Limited, a Canadian corporation, Plaintiffs-Appellees, v. CLARK MACHINERY COMPANY, an Arkansas corporation, Defendant-Appellant, and CLM Equipment Company, Incorporated, a Texas corporation; Future Equipment Company, Incorporated, a Texas corporation; AIS Construction Equipment Corporation, a Michigan corporation; Nueces Farm Center, Incorporated, d/b/a Nueces Power Equipment, a Delaware corporation, Defendants. Volvo Construction Equipment North America, a Delaware corporation; Champion Road Machinery Limited, a Canadian corporation, Plaintiffs-Appellants, and Volvo Trademark Holding Aktiebolaget, a Swedish corporation, Plaintiff, v. Clark Machinery Company, an Arkansas corporation, Defendant-Appellee, and CLM Equipment Company, Incorporated, a Texas corporation; Future Equipment Company, Incorporated, a Texas corporation; AIS Construction Equipment Corporation, a Michigan corporation; Nueces Farm Center, Incorporated, d/b/a Nueces Power Equipment, a Delaware corporation, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: December 20, 2007.


Attorney(s) appearing for the Case

ARGUED: Scott E. Korzenowski, Dady & Garner, P.A., Minneapolis, Minnesota, for Appellant/Cross-Appellee. Michael J. Lockerby, Foley & Lardner, L.L.P., Washington, D.C., for Appellees/Cross-Appellants. ON BRIEF: J. Michael Dady, Ronald K. Gardner, Dady & Garner, P.A., Minneapolis, Minnesota; Edward L. Bleynat, Jr., Ferikes & Bleynat, P.L.L.C., Asheville, North Carolina, for Appellant/Cross-Appellee. Vineeta A. Bathia, Foley & Lardner, L.L.P., Washington, D.C., for Appellees/Cross-Appellants.

Before TRAXLER and KING, Circuit Judges, and LEGG, Chief United States District Judge for the District of Maryland, sitting by designation.


Affirmed by published opinion. Judge KING wrote the opinion, in which Judge TRAXLER and Judge LEGG joined.

OPINION

KING, Circuit Judge:

This civil action was initiated more than seven years ago by three heavy equipment manufacturers (collectively, "Volvo")1 against several equipment dealers, and has involved numerous claims, counter-claims, and defenses arising from a contract dispute between the parties. While originally...

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