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TES v. ROBIN SINGH EDUCATIONAL SERVICES

Nos. 13-20250, 13-20327, 14-20113.

799 F.3d 437 (2015)

TEST MASTERS EDUCATIONAL SERVICES, INC., Plaintiff-Appellant v. ROBIN SINGH EDUCATIONAL SERVICES, INC.; Robin Singh, Defendants-Appellees. Robin Singh Educational Services, Incorporated; Robin Singh, doing business as Testmasters; Plaintiffs-Appellants v. Testmasters Educational Services, Incorporated, Defendant-Appellee v. Daniel J. Sheehan, Jr., Appellant. Test Masters Educational Services, Incorporated, Plaintiff-Appellee v. Robin Singh Educational Services, Incorporated; Robin Singh, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 21, 2015.

Attorney(s) appearing for the Case

Christopher D. Kratovil, Esq. (argued), David John Schenck , Attorney, Alison R. Ashmore , Attorney, Dykema Cox Smith , Dallas, TX, David L. Miller , Diane Freeman Burgess , Miller, Scamardi & Carrabba, P.C., Houston, TX, for Plaintiff-Appellant.

Daniel Joseph Sheehan, Jr., Esq. (argued), Michael Patrick McShan , Daniel Sheehan & Associates, L.L.P., Dallas, TX, Hassan A. Zavareei , Tycko & Zavareei, L.L.P., Washington, DC, for Defendants-Appellees.

Jeffrey Scott Levinger (argued), Levinger, P.C., Dallas, TX, for Daniel Joseph Sheehan, Jr.

Before HIGGINBOTHAM, DAVIS, and SOUTHWICK, Circuit Judges.

This consolidated appeal involves a dispute between two test preparation companies with competing claims to the TESTMASTERS trademark. The parties have been litigating the issue for over a decade. This is the fourth time one of the parties has appealed to this court. We are again asked to consider various issues...

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