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BOARD OF SUPERVISORS FOR LA. STATE v. SMACK APPAREL CO.

Nos. 07-30580, 07-30887.

550 F.3d 465 (2008)

BOARD OF SUPERVISORS FOR LOUISIANA STATE UNIVERSITY AGRICULTURAL AND MECHANICAL COLLEGE; Board of Regents of the University of Oklahoma; Ohio State University; University of Southern California, Plaintiffs-Appellees, v. SMACK APPAREL CO.; Wayne Curtiss, Defendants-Appellants. Board of Supervisors for Louisiana State University Agricultural and Mechanical College; Board of Regents of the University of Oklahoma; Ohio State University; University of Southern California; Collegiate Licensing Company, Plaintiffs-Appellants, v. Smack Apparel Co.; Wayne Curtiss, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 25, 2008.

Attorney(s) appearing for the Case

Richard Charles Henn (argued), Jerre B. Swann, Alex S. Fonoroff, Kilpatrick Stockton, Atlanta, GA, Stephen R. Doody, Roy, Kiesel, Keegan & DeNicola, Baton Rouge, LA, Brett Allen North, Garvey, Smith, Nehrbass & North, Metairie, LA, for Plaintiffs-Appellees.

James William Tilly (argued), Tilly Law Firm, Tulsa, OK, for Defendants-Appellants.

Bruce P. Keller, Steven Zev Parnass, Debevoise & Plimpton, New York City, for Major League Baseball Properties, Inc., NBA Properties, Inc., NFL Properties, LLC, NHL Enterprises, LP, Amici Curiae.

Louis T. Pirkey, PirkeyBarber, Austin, TX, for Bd. of Trustess of University of AL, Bd. of Trustees of University of AR, Auburn University, Baylor University, Boise State University and others, Amici Curiae.

Before REAVLEY, STEWART and OWEN, Circuit Judges.

REAVLEY, Circuit Judge:

These consolidated appeals concern a trademark dispute between four universities and an apparel company and its principal. The Universities alleged in the district court that the defendants violated the Lanham Act and infringed their trademarks by selling t-shirts with the schools' color schemes and other identifying indicia referencing the games of the schools' football teams. The district court granted summary judgment to the Universities...

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