Affirmed in part, vacated in part, and remanded with instructions by unpublished opinion. Judge Floyd wrote the opinion, in which Judge Thacker joined and Judge King concurred in the judgment. Judge King filed a separate concurrence.
UNPUBLISHED
Unpublished opinions are not binding precedent in this circuit.
FLOYD, Circuit Judge.
Three years ago, we reversed the district court's grant of summary judgment to Plaintiff-Appellee Variety Stores, Inc. (Variety) in this trademark dispute over use of the term "Backyard" on grills and grilling supplies. See Variety...
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