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KELLY SERVICES, INC. v. CREATIVE HARBOR, LLC

No. 16-1200.

846 F.3d 857 (2017)

KELLY SERVICES, INC.; Kelly Properties, LLC, Plaintiffs-Appellees, v. CREATIVE HARBOR, LLC, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 23, 2017.

Attorney(s) appearing for the Case

ARGUED: Peter D. Gordon , PETER D. GORDON AND ASSOCIATES, Los Angeles, California, for Appellant. David P. Utykanski , HARNESS, DICKEY & PIERCE, P.L.C., Troy, Michigan, for Appellees. ON BRIEF: Peter D. Gordon , PETER D. GORDON AND ASSOCIATES, Los Angeles, California, for Appellant. David P. Utykanski , Brent G. Seitz , HARNESS, DICKEY & PIERCE, P.L.C., Troy, Michigan, for Appellees.

CLAY, J., delivered the opinion of the court in which KEITH, J., joined, and BATCHELDER, J., joined in part of the majority opinion. BATCHELDER, J. (pp. 876-79), delivered a separate opinion dissenting from part of the majority opinion and from the judgment.

OPINION

Defendant Creative Harbor, LLC ("Creative Harbor") appeals the judgment entered by the district court on February 1, 2016, voiding Creative Harbor's trademark applications numbered 86198230 and 86198309, respectively. Creative Harbor challenges the district court's determinations that: (1) Creative Harbor lacked...

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