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INNOVATION VENTURES, LLC v. N.V.E., INC.

Nos. 10-2353, 10-2355.

694 F.3d 723 (2012)

INNOVATION VENTURES, LLC, d/b/a Living Essentials, Plaintiff-Appellant/Cross-Appellee, v. N.V.E., INC., Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 13, 2012.

Attorney(s) appearing for the Case

ARGUED: Glen D. Nager , Jones Day, Washington, D.C., for Appellant/Cross-Appellee. Leigh C. Taggart , Rader, Fishman & Grauer PLLC, Bloomfield Hills, Michigan, for Appellee/Cross-Appellant. ON BRIEF: Glen D. Nager , Eric E. Murphy , Jones Day, Washington, D.C., Mark A. Cantor , Phyllis Golden Morey , Marc Lorelli , Brooks Kushman P.C., Southfield, Michigan, for Appellant/Cross-Appellee. Leigh C. Taggart , R. Terrance Rader , Douglas P. LaLone , Linda Mettes , Rader, Fishman & Grauer PLLC, Bloomfield Hills, Michigan, for Appellee/Cross-Appellant.

Before: BOGGS and GRIFFIN, Circuit Judges; BARZILAY, Judge.

OPINION

BOGGS, Circuit Judge.

This is a powerful appeal. Innovation Ventures, LLC, d/b/a Living Essentials (LE), creator of the "5-hour ENERGY" energy shot, asserts that N.V.E. Inc. (NVE), creator of the "6 Hour POWER" energy shot, infringed its trademark, in violation of the Lanham Act. 15 U.S.C. § 1125(a). After LE obtained a decision in its favor in another case against a different competitor, LE distributed...

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