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ZW USA, INC. v. PWD SYSTEMS, LLC

Nos. 16-3999, 16-4035.

889 F.3d 441 (2018)

ZW USA, INC., a California Company, Plaintiff-Appellant v. PWD SYSTEMS, LLC, a Missouri Limited Liability Company, Defendant-Appellee. ZW USA, Inc., a California Company, Plaintiff-Appellee v. PWD Systems, LLC, a Missouri Limited Liability Company, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 26, 2018.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant/cross-appellee was Gordon E Gray, III , of Los Angeles, CA. Also appearing on the brief was Ben T. Lila , Los Angeles, CA.

Counsel who presented argument on behalf of the appellee/cross-appellant was Richard L. Brophy , of Saint Louis, MO. The following attorneys also appeared on the brief; Jennifer E Hoekel , Jessica Mendez , and Brendan Zee-Cheng , all of Saint Louis, MO.

Before SMITH, Chief Judge, KELLY and ERICKSON, Circuit Judges.

This case involves a trademark dispute between two companies that sell plastic bags for picking up and disposing of dog droppings. ZW USA, Inc. entered the dog-bag market first and registered the mark ONEPUL. PWD, LLC entered the market after ZW under the trade name BagSpot. On its website, PWD uses the phrase "one-pull" to...

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