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MCKEON PRODUCTS v. HOWARD S. LEIGHT AND ASSOCIATES

No. 20-2279.

15 F.4th 736 (2021)

MCKEON PRODUCTS, INC., Plaintiff-Appellee, v. HOWARD S. LEIGHT AND ASSOCIATES, INC., Defendant, Honeywell Safety Products USA, Inc., as successor-in-interest, Interested Party-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 8, 2021.

Attorney(s) appearing for the Case

ARGUED: Mark L. Johnson , GREENE ESPEL PLLP, Minneapolis, Minnesota, for Appellant. J. Michael Huget , HONIGMAN, Ann Arbor, Michigan, for Appellee. ON BRIEF: Mark L. Johnson , Holley C. M. Horrell , GREENE ESPEL PLLP, Minneapolis, Minnesota, Jill M. Wheaton , DYKEMA GOSSETT PLLC, Ann Arbor, Michigan, for Appellant. J. Michael Huget , Sarah E. Waidelich , Patrick Rawsthorne , HONIGMAN, Ann Arbor, Michigan, for Appellee.

Before: NORRIS, KETHLEDGE, and NALBANDIAN, Circuit Judges.

OPINION

In 1995, McKeon Products ("McKeon") sued Howard S. Leight and Associates ("Leight") over its use of a phonetically identical trademark. Both companies made earplugs. McKeon used the brand name "MACK'S," and Leight used the brand names "MAX" and "MAX-LITE...

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