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LEAPERS, INC. v. SMTS, LLC

No. 17-1007.

879 F.3d 731 (2018)

LEAPERS, INC., Plaintiff-Appellant, v. SMTS, LLC, et al., Defendants, Sun Optics USA, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 10, 2018.

Attorney(s) appearing for the Case

ARGUED: Brian D. Wassom , WARNER NORCROSS & JUDD LLP, Southfield, Michigan, for Appellant. Joseph F. Cleveland, Jr. , BRACKETT & ELLIS, PC, Fort Worth, Texas, for Appellee. ON BRIEF: Brian D. Wassom , WARNER NORCROSS & JUDD LLP, Southfield, Michigan, Matthew T. Nelson , WARNER NORCROSS & JUDD LLP, Grand Rapids, Michigan, for Appellant. Joseph F. Cleveland, Jr. , BRACKETT & ELLIS, PC, Fort Worth, Texas, James K. Thome , VANDEVEER GARZIA, PC, Troy, Michigan, Douglas P. LaLone , FISHMAN STEWART, PLLC, Bloomfield Hills, Michigan, for Appellee.

Before: CLAY, COOK, and WHITE, Circuit Judges.

OPINION

Plaintiff Leapers, Inc. appeals the district court's entry of summary judgment for Defendant Sun Optics USA in Plaintiff's case alleging trade dress infringement under the Lanham Act, 15 U.S.C. § 1051, et seq. For the reasons set forth below, we VACATE the district court's judgment...

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