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HYLETE LLC v. HYBRID ATHLETICS, LLC

2017-2057.

931 F.3d 1170 (2019)

HYLETE LLC, Appellant, v. HYBRID ATHLETICS, LLC, Appellee.

United States Court of Appeals, Federal Circuit.

Decided: August 1, 2019.

Attorney(s) appearing for the Case

Pattric Rawlins , Procopio, Cory, Hargreaves & Savitch LLP, San Diego, CA, argued for appellant. Also represented by Dave Deonarine .

Michael Joseph Kosma , Whitmyer IP Group LLC, Stamford, CT, argued for appellee. Also represented by Benjamin N. Luehrs .

Before Moore, Reyna, and Wallach, Circuit Judges.

Hylete LLC appeals from a decision of the Trademark Trial and Appeal Board sustaining Hybrid Athletics, LLC's opposition to Hylete's trademark registration application. We conclude that Hylete waived the arguments on which its appeal relies because it raises new issues that could have been raised and were not considered below...

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