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VISIBLE SYSTEMS CORP. v. UNISYS CORP.

Nos. 07-2730, 08-1410, 08-1411.

551 F.3d 65 (2008)

VISIBLE SYSTEMS CORPORATION, Plaintiff, Appellant/Cross-Appellee, v. UNISYS CORPORATION, Defendant, Appellee/Cross-Appellant.

United States Court of Appeals, First Circuit.

Decided December 23, 2008.

Attorney(s) appearing for the Case

Stephen H. Galebach for appellant/cross-appellee.

William L. Boesch with whom Anthony M. Doniger and Sugarman, Rogers, Barshak & Cohen, P.C. were on brief for appellee/cross-appellant.

Before LYNCH, Chief Judge, BOUDIN and STAHL, Circuit Judges.

LYNCH, Chief Judge.

A jury awarded Visible Systems Corporation ("VSC") trademark infringement damages of $250,000 against Unisys Corporation on a reverse confusion claim. See 15 U.S.C. § 1125(a). The district court also issued a permanent injunction prohibiting Unisys from using the trademarks or service marks 3D VISIBLE ENTERPRISE, 3D-VE, or VISIBLE in the United States in the enterprise modeling or enterprise architecture fields.

VSC appeals...

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