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MARKETQUEST GROUP, INC. v. BIC CORP.

No. 15-55755.

862 F.3d 927 (2017)

MARKETQUEST GROUP, INC., dba All-In-One, a California Corporation, Plaintiff-Appellant, v. BIC CORP., a Connecticut Corporation; BIC USA, Inc., a Delaware Corporation; Norwood Promotional Products, LLC, aka Norwood Operating Company, LLC, dba Norwood Promotional Products, a Delaware Limited Liability Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 7, 2017.

Attorney(s) appearing for the Case

Gregory Guillot (argued), Gregory H. Guillot P.C., Dallas, Texas; Michael T. Lane and Kent M. Walker , Lewis Kohn & Walker L.L.P., San Diego, California; for Plaintiff-Appellant.

Richard Sybert (argued), Joni B. Flaherty , and Yuo-Fong C. Amato , Gordon & Rees LLP, San Diego, California, for Defendants-Appellees.

Before: MILAN D. SMITH, JR. and JOHN B. OWENS, Circuit Judges, and EDWARD R. KORMAN, District Judge.

OPINION

Marketquest Group, Inc. (Marketquest) appeals the district court's grant of summary judgment in favor of Norwood Promotional Products, LLC (Norwood), BIC Corp., and BIC USA, Inc. (collectively, Defendants) on Marketquest's trademark infringement claims. The district court held that Defendants' uses of Marketquest...

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