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PARKS LLC v. TYSON FOODS, INC

No. 16-2768.

863 F.3d 220 (2017)

PARKS LLC, Appellant v. TYSON FOODS, INC; Hillshire Brands Company.

United States Court of Appeals, Third Circuit.

Filed July 6, 2017.

Attorney(s) appearing for the Case

Roberta Jacobs-Meadway , Jeffrey P. Lewis [ARGUED], Eckert Seamans Cherin & Mellott, 50 South 16th St.-22nd Fl., Philadelphia, PA 19102, Theodore H. Jobes , Ronald J. Shaffer , Fox Rothschild, 2000 Market St.-20th Fl., Philadelphia, PA 19103, James C. McConnon , Alex R. Sluzas , Paul & Paul, 1717 Arch St.-Ste. 3740, Philadelphia, PA 19103, Counsel for Appellant.

Daniel T. Brier , Myers Brier & Kelly, 425 Spruce St.-Ste. 200, Scranton, PA 18503, Mark H. Churchill , Holland & Knight, 1600 Tysons Blvd.-Ste. 700, McLean, VA 22102 John J. Dabney [ARGUED], Mary D. Hallerman , McDermott Will & Emery, 500 N. Capitol St., N.W., Washington, DC 20001, Counsel for Appellees

Before: SMITH, Chief Judge, JORDAN, and ROTH, Circuit Judges.

OPINION OF THE COURT

This case concerns a trademark that once enjoyed widespread recognition but has since grown considerably weaker. Since the 1950s, Parks Sausage Company has manufactured or licensed sausage under the brand name "PARKS."1 At one point, PARKS was placed on the Principal...

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