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INNOVATION VENTURES, LLC v. N2G DISTRIBUTING, INC.

Nos. 12-1635, 13-1817.

763 F.3d 524 (2014)

INNOVATION VENTURES, LLC, Plaintiff-Appellee, v. N2G DISTRIBUTING, INC., a California Corporation, and Alpha Performance Labs, a Nevada Corporation, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 14, 2014.

Attorney(s) appearing for the Case

ARGUED: James K. Thome , Vandeveer Garzia, P.C., Troy, Michigan, for Appellants. Mark A. Cantor , Brooks Kushman P.C., Southfield, Michigan, for Appellee. ON BRIEF: James K. Thome , Timothy J. Connaughton , Vandeveer Garzia, P.C., Troy, Michigan, for Appellants. Mark A. Cantor , Marc Lorelli , Brooks Kushman P.C., Southfield, Michigan, for Appellee.

Before: KEITH, CLAY, and McKEAGUE, Circuit Judges.

OPINION

CLAY, Circuit Judge.

These consolidated appeals arise from a jury trial followed by a contempt proceeding. At trial, Defendants N2G Distributing, Inc. ("N2G") and Alpha Performance Labs were found to have infringed the trademark and trade dress of 5-hour ENERGY ("FHE") — a product sold by Plaintiff Innovation Ventures, LLC — in violation of the Lanham Act, 15 U.S.C. § 1051, et seq. The district court then held Defendants...

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