GEORGIA-PACIFIC CONSUMER PRODUCTS v. VON DREHLE

No. 13-2003.

781 F.3d 710 (2015)

GEORGIA-PACIFIC CONSUMER PRODUCTS LP, Plaintiff-Appellee, and Georgia-Pacific Corporation, Plaintiff, v. VON DREHLE CORPORATION, a North Carolina corporation, Defendant-Appellant, and Carolina Janitorial & Maintenance Supply, a North Carolina corporation, Defendant, Myers Supply, Incorporated, Intervenor/Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: March 30, 2015.

Amended: April 15, 2015.


Attorney(s) appearing for the Case

ARGUED: Carter Glasgow Phillips , Sidley Austin LLP, Washington, D.C., for Appellant. Miguel A. Estrada , Gibson, Dunn & Crutcher LLP, Washington, D.C., for Appellee. ON BRIEF: Michael P. Thomas , Patrick Harper & Dixon, LLP, Hickory, North Carolina; Richard Klingler , Jacqueline G. Cooper , Nicolas W. Thompson , John Paul Schnapper-Casteras , Sidley Austin LLP, Washington, D.C., for Appellant. Stephen P. Demm , John Gary Maynard, III , Hunton & Williams LLP, Richmond, Virginia; Jonathan C. Bond , Gibson, Dunn & Crutcher LLP, Washington, D.C.; W. Kyle Carpenter , Woolf, McClane, Bright, Allen & Carpenter, PLLC, Knoxville, Tennessee, for Appellee.

Vacated, reversed in part, and remanded in part, with instructions, by published opinion. Judge NIEMEYER wrote the opinion, in which Judge SHEDD concurred as to Parts I, III, IV, and V and Judge KEENAN concurred in full. Judge SHEDD wrote a separate opinion, concurring in part and dissenting in part.


This trademark infringement case presents several issues regarding the appropriate relief that may be granted under the Lanham Act, 15 U.S.C. §§ 1051-1141n, specifically § 1116 (authorizing injunctive relief) and § 1117 (authorizing monetary relief).

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