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CAR-FRESHNER CORP. v. AMERICAN COVERS, LLC

Docket No. 19-2750 August Term 2020.

980 F.3d 314 (2020)

CAR-FRESHNER CORPORATION, Julius Sämann Ltd., Plaintiffs-Appellants, v. AMERICAN COVERS, LLC, fka American Covers, Inc, dba Handstands, Energizer Holdings, Inc., Energizer Brands, LLC, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: November 19, 2020.

Attorney(s) appearing for the Case

Louis Orbach ( Liza R. Magley , on the brief), Bond, Schoeneck & King, PLLC, Syracuse, NY, for Plaintiffs-Appellants Car-Freshner Corporation and Julius Sämann Ltd.

William H. Brewster , Kilpatrick Townsend & Stockton LLP, Atlanta, GA, for Defendants-Appellees American Covers, LLC, Energizer Holdings, Inc., and Energizer Brands, LLC.

Before: NEWMAN, RAGGI, BIANCO, Circuit Judges.

This appeal in a trademark case is somewhat unusual in that, in the context of products that directly compete with each other, one of the allegedly infringing marks uses the same two words of the senior user's mark but adds a word in front of, and a word after, that mark. Plaintiffs-Appellants Car-Freshner Corporation...

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