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SPECIALIZED SEATING v. GREENWICH INDUSTRIES

Nos. 07-1435, 10-2670.

616 F.3d 722 (2010)

SPECIALIZED SEATING, INC., Plaintiff/Counterclaim Defendant-Appellee, v. GREENWICH INDUSTRIES, L.P., doing business as Clarin, Defendant/Counterclaim Plaintiff-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 11, 2010.

Attorney(s) appearing for the Case

Anthony S. Divincenzo (submitted), Divincenzo Schoenfield Swartzman , Chicago, IL, for Plaintiff/Counterclaim Defendant-Appellee.

James P. White , Husch Blackwell Sanders Welsh & Katz, Gregory E. Ostfeld (argued), Greenberg Traurig , Chicago, IL, for Defendant/Counterclaim Plaintiff-Appellant.

Before EASTERBROOK, Chief Judge, and POSNER and EVANS, Circuit Judges.

EASTERBROOK, Chief Judge.

For more than 80 years, Clarin has been making x-frame folding chairs. In 1999 it applied for registration of one particular x-frame design as a trademark. The Patent and Trademark Office issued Registration No. 2,803,875 in January 2004. This is the registered mark:

The principal register describes it thus: "a configuration of a folding chair containing an X-frame profile...

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