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B&B HARDWARE, INC. v. HARGIS INDUSTRIES, INC.

No. 17-1570, No. 17-1755.

912 F.3d 445 (2018)

B&B HARDWARE, INC., a California Corporation Plaintiff-Appellant v. HARGIS INDUSTRIES, INC., a Texas Corporation, doing business as East Texas Fasteners, doing business as Sealtite Building Fasteners Defendant-Appellee East Texas Fasteners, a business entity of form unknown; Does, 1 through 10, inclusive Defendants B&B Hardware, Inc., a California Corporation Plaintiff-Appellee v. Hargis Industries, Inc., a Texas Corporation, doing business as East Texas Fasteners, doing business as Sealtite Building Fasteners Defendant-Appellant East Texas Fasteners, a business entity of form unknown; Does, 1 through 10, inclusive Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: December 21, 2018.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Timothy James Cullen , of Little Rock, AR.

Counsel who presented argument on behalf of the appellee was Colleen E. Rob Sinzdak , of Washington, DC. The following attorney(s) appeared on the appellee brief; Trey Yarbrough , of Tyler, TX., Neal Katyal , of Washington, DC., Alexander Biays Bowerman , of Philadelphia, PA.

Before LOKEN, BENTON, and SHEPHERD, Circuit Judges.

B&B Hardware, Inc. appeals the district court's1 judgment in favor of Hargis Industries, Inc. on B&B's claim of trademark infringement and request for an accounting of profits. Hargis cross-appeals from the district court's denial of its motion for fees and costs. We have jurisdiction...

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