No. 12-1065.

726 F.3d 1136 (2013)

WATER PIK, INC., a Delaware corporation, Plaintiff-Appellee, v. MED-SYSTEMS, INC., a Washington corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 12, 2013.

Attorney(s) appearing for the Case

Lisel M. Ferguson ( Heather A. Cameron , with her on the briefs), Procopio, Cory, Hargreaves & Savitch LLP, San Diego, CA, for Defendant-Appellant.

Lee F. Johnston ( Scott P. Sinor , with him on the brief), Dorsey & Whitney LLP, Denver, CO, for Plaintiff-Appellee.

Before LUCERO, HARTZ, and HOLMES, Circuit Judges.

HARTZ, Circuit Judge.

The parties to this trademark dispute make consumer products for rinsing sinus cavities. Med-Systems, Inc., the earlier entrant in this market, sells its products under the federally registered trademark SinuCleanse and two similar marks. Water Pik, Inc., which traditionally sold oral irrigators and showerheads, registered the trademark SINUSENSE with the intention of selling sinus-irrigation devices under the brand name "SinuSense." It...

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