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FORNEY INDUSTRIES, INC. v. DACO OF MISSOURI, INC.

No. 15-1226.

835 F.3d 1238 (2016)

FORNEY INDUSTRIES, INC., a Colorado corporation, Plaintiff-Appellant, v. DACO OF MISSOURI, INC., a Missouri corporation, d/b/a KDAR Company, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Filed August 29, 2016.

Attorney(s) appearing for the Case

Christopher Benson , Austin, Texas ( William W. Cochran , Cochran Freund & Young, Fort Collins, Colorado, with him on the briefs), for Plaintiff-Appellant.

Jack D. Robinson , Spies, Powers & Robinson, P.C., Denver, Colorado, for Defendant-Appellee.

Before HARTZ, EBEL, and MORITZ, Circuit Judges.

Plaintiff Forney Industries, Inc. (Forney) manufactures and sells a variety of products. Its largest product line is retail metalworking parts and accessories. The issue in this case is whether the use of colors in its packaging of that product line is a protected mark under § 43(a) of the Lanham Act, 15 U.S.C. §...

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