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McAIRLAIDS, INC. v. KIMBERLY-CLARK CORP.

No. 13-2044.

756 F.3d 307 (2014)

McAIRLAIDS, INC., Plaintiff-Appellant, v. KIMBERLY-CLARK CORPORATION; Kimberly-Clark Worldwide, Inc.; Kimberly-Clark Global Sales, LLC, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: June 25, 2014.

Attorney(s) appearing for the Case

ARGUED: Frank Kenneth Friedman , Woods Rogers, PLC, Roanoke, Virginia, for Appellant. Andrew G. Klevorn , Katten Muchin Rosenman LLP, Chicago, Illinois, for Appellees. ON BRIEF: Joshua F.P. Long , J. Benjamin Rottenborn , Michael J. Hertz , Woods Rogers, PLC, Roanoke, Virginia, for Appellant. Jeffrey A. Wakolbinger , Katten Muchin Rosenman LLP, Chicago, Illinois; Kevin P. Oddo , Leclairryan, PC, Roanoke, Virginia, for Appellees.

Vacated and remanded by published opinion. Judge Duncan wrote the opinion, in which Judge Wynn and Judge Childs joined.

DUNCAN, Circuit Judge:

McAirlaids, Inc. filed suit against Kimberly-Clark Corp. for trade-dress infringement and unfair competition under §§ 32(1)(a) and 43(a) of the Trademark Act of 1946 ("Lanham Act"), 15 U.S.C. §§ 1114(1)(a) and 1125(a), and Virginia common law. The district court granted summary judgment in favor of Kimberly-Clark, and McAirlaids appeals. Because questions of fact preclude summary judgment, we vacate and remand.

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