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GEORGIA-PACIFIC CONSUMER PRODUCTS v. FOUR-U

No. 11-4394.

701 F.3d 1093 (2012)

GEORGIA-PACIFIC CONSUMER PRODUCTS LP and Georgia-Pacific LLC, Plaintiffs-Appellants, v. FOUR-U-PACKAGING, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 13, 2012.

Attorney(s) appearing for the Case

ON BRIEF: James D. Curphey , Ryan P. Sherman , Porter, Wright, Morris & Arthur LLP, Columbus, Ohio, W. Kyle Carpenter , Woolf, McClane, Bright, Allen & Carpenter PLLC, Knoxville, Tennessee, for Appellants. Richard F. Ellenberger , Garrick O. White , Anspach Meeks Ellenberger LLP, Toledo, Ohio, Albert P. Allan , Allan Law Firm, PLLC, Charlotte, North Carolina, Michael P. Thomas , Parick Harper & Dixon, LLP, Hickory, North Carolina, for Appellee.

Before: SILER and COOK, Circuit Judges; STEEH, District Judge.

OPINION

SILER, Circuit Judge.

Georgia-Pacific Consumer Products, LP asserted numerous claims against Four-U-Packaging, Inc., ("Four-U") alleging that Four-U's supply of off-brand paper towels for use in Georgia-Pacific paper-towel dispensers infringed on its trademarks. Four-U moved for summary judgment, arguing that the claims were barred by the ruling in a similar case brought by Georgia-Pacific in Arkansas against a different distributor of generic paper...

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