EVOQUA WATER TECHNOLOGIES, LLC v. M.W. WATERMARK

Nos. 18-2397/2398.

940 F.3d 222 (2019)

EVOQUA WATER TECHNOLOGIES, LLC, Plaintiff-Appellant/Cross-Appellee, v. M.W. WATERMARK, LLC; Michael Gethin, Individually, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 7, 2019.


Attorney(s) appearing for the Case

ARGUED: Craig R. Smith , LANDO & ANASTASI, LLP, Cambridge, Massachusetts, for Appellant/Cross-Appellee. G. Thomas Williams , MCGARRY BAIR PC, Grand Rapids, Michigan, for Appellees/Cross-Appellants. ON BRIEF: Craig R. Smith, Eric P. Carnevale , LANDO & ANASTASI, LLP, Cambridge, Massachusetts, for Appellant/Cross-Appellee. G. Thomas Williams, MCGARRY BAIR PC, Grand Rapids, Michigan, for Appellees/Cross-Appellants.

WHITE, J., delivered the opinion of the court in which BUSH and LARSEN, JJ., joined. BUSH, J. (pp. 236-48), delivered a separate concurring opinion.


OPINION

In 2016, Plaintiff Evoqua Water Technologies, LLC ("Evoqua") filed this action against Defendants M.W. Watermark, LLC ("Watermark") and Michael Gethin, asserting copyright, trademark, and false-advertising claims and seeking to enforce a 2003 consent judgment obtained by Evoqua's alleged predecessor...

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