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SAVANNAH COLLEGE OF ART & DESIGN v. SPORTSWEAR

No. 15-13830.

872 F.3d 1256 (2017)

SAVANNAH COLLEGE OF ART AND DESIGN, INC., Plaintiff-Appellant, v. SPORTSWEAR, INC., d.b.a. Prep Sportswear, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 3, 2017.

Attorney(s) appearing for the Case

William Scott Creasman , Kelly Casey Mullally , Seth Kincaid Trimble , Taylor English Duma, LLP, ATLANTA, GA, for Plaintiff-Appellant.

Leslie C. Ruiter , Bradford Joseph Axel , Stokes Lawrence, PS, SEATTLE, WA, Arthur Augustine Gardner , Gardner Groff Greenwald & Villanueva, PC, ATLANTA, GA, for Defendant-Appellee.

Before MARTIN and JORDAN, Circuit Judges, and COOGLER, District Judge.

"Imitation may be the sincerest form of flattery," Charles C. Colton, Lacon, Vol. 1, No. 183 (1820-22), in Bartlett's Familiar Quotations 393:5 (16th ed. 1992), but when the imitation consists of commercial reproduction for profit, all bets are off. So when Sportswear, Inc. began using the federally-registered service marks...

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