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MOLDEX-METRIC, INC. v. McKEON PRODUCTS, INC.

No. 16-55548.

891 F.3d 878 (2018)

MOLDEX-METRIC, INC., a California corporation, Plaintiff-Appellant, v. McKEON PRODUCTS, INC., a Michigan Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 5, 2018.

Attorney(s) appearing for the Case

Sanford I. Weisburst (argued), Quinn Emanuel Urquhart & Sullivan LLP, New York, New York; Joseph M. Paunovich and Harold A. Barza , Quinn Emanuel Urquhart & Sullivan LLP, Los Angeles, California; for Plaintiff-Appellant.

Steven M. Weinberg (argued) and Michael J. Salvatore , Holmes Weinberg PC, Malibu, California; Robert L. Meylan , Meylan Davitt Jain Arevian & Kim LLP, Los Angeles, California; for Defendant-Appellee.

Before: Kim McLane Wardlaw and Ronald M. Gould, Circuit Judges, and Lawrence L. Piersol, District Judge.

OPINION

Moldex-Metric, Inc. filed suit against McKeon Products, Inc. for trademark infringement. The district court granted summary judgment in favor of McKeon, and Moldex appeals. We reverse and remand.

I

Since 1982, Moldex has been producing foam ear plugs with a specific bright green color...

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