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SCHOLZ v. GOUDREAU

Nos. 17-1264, 17-1316.

901 F.3d 37 (2018)

Donald Thomas SCHOLZ, Plaintiff/Counterclaim-Defendant, Appellant/Cross-Appellee, v. Barry GOUDREAU, Defendant/Counterclaim-Plaintiff, Appellee/Cross-Appellant.

United States Court of Appeals, First Circuit.

August 21, 2018.

Attorney(s) appearing for the Case

Susan E. Stenger , with whom Lawrence G. Green , Laura Lee Mittelman , and Burns & Levinson LLP, Boston, MA, were on brief, for appellant/cross-appellee.

Jeffrey S. Baker , Boston, MA, with whom Baker and Associates, P.C., Daniel P. Tarlow , Copani, Tarlow & Cranney, LLC, Methuen, MA, David M. Given , and Phillips, Erlewine, Given & Carlin LLP, San Francisco, CA, were on brief, for appellee/cross appellant.

Before Torruella, Lynch, and Kayatta, Circuit Judges.

Donald Thomas Scholz, a member of the rock band BOSTON, sued former BOSTON guitarist Barry Goudreau for various trademark infringement and breach of contract claims relating to impermissible references that Goudreau had allegedly made regarding his former association with the band. Goudreau counterclaimed with his

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