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ADVANTEK MARKETING v. SHANGHAI WALK-LONG TOOLS

2017-1314.

898 F.3d 1210 (2018)

ADVANTEK MARKETING, INC., Plaintiff-Appellant v. SHANGHAI WALK-LONG TOOLS CO., LTD., Neocraft Tools Co., Ltd., Defendants-Appellees Orion Factory Direct, Does 1-10, Inclusive, Defendants.

United States Court of Appeals, Federal Circuit.

Decided: August 1, 2018.

Attorney(s) appearing for the Case

KEITH JOSEPH WESLEY , Browne George Ross LLP, Los Angeles, CA, argued for plaintiff-appellant. Also represented by BRIAN FITZGERALD , JAYE GERRARD HEYBL , Koppel Patrick Heybl & Philpott, Westlake Village, CA; K. ANDREW KENT , Rincon Venture Law Group, Westlake Village, CA.

PERRY GOLDBERG , Progress LLP, Los Angeles, CA, argued for defendants-appellees.

Before Newman, Clevenger, and Chen, Circuit Judges.

Advantek Marketing, Inc. is the owner of design patent No. D715,006 ("the D'006 patent") for a portable animal kennel that Advantek sells with the mark "Pet Gazebo." Advantek states that the Pet Gazebo is its "flagship product," that it has received awards and been successful commercially, for "[i]t provided a great solution...

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