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EARNHARDT v. KERRY EARNHARDT, INC.

2016-1939.

864 F.3d 1374 (2017)

Teresa H. EARNHARDT, Appellant v. KERRY EARNHARDT, INC., Appellee.

United States Court of Appeals, Federal Circuit.

Decided: July 27, 2017.

Attorney(s) appearing for the Case

ULY SAMUEL GUNN , Alston & Bird LLP, Atlanta, GA, argued for appellant. Also represented by LARRY CURRELL JONES , Charlotte, NC.

DAVID BLAINE SANDERS , Robinson Bradshaw & Hinson, P.A., Charlotte, NC, argued for appellee. Also represented by CARY BAXTER DAVIS , MATTHEW FELTON TILLEY .

Before Wallach, Chen and Hughes, Circuit Judges.

This case arises from Kerry Earnhardt, Inc.'s (KEI) trademark application with the U.S. Patent and Trademark Office (PTO) to register the mark EARNHARDT COLLECTION for "furniture" in class 20 and "custom construction of homes" in class 37. Teresa Earnhardt opposed registration based on an asserted likelihood of confusion with...

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