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NICHINO AMERICA, INC. v. VALENT U.S.A. LLC

No. 21-1850.

44 F.4th 180 (2022)

NICHINO AMERICA, INC., Appellant, v. VALENT U.S.A. LLC.

United States Court of Appeals, Third Circuit.

Filed: August 12, 2022.

Attorney(s) appearing for the Case

Bradley L. Cohn [Argued], Jacquelyn Prom , Belinda J. Scrimenti , Pattishall McAuliffe Newbury Hilliard & Geraldson, 200 South Wacker Drive, Suite 2900, Chicago, IL 60606, Counsel for Appellee.

Eric R. Clendening , Flaster Greenberg, 1810 Chapel Avenue West, Cherry Hill, NJ 08002, Jordan A. LaVine [Argued], Flaster Greenberg, Suite 1050, 1717 Arch Street, Suite 3300, Philadelphia, PA 19103, Counsel for Appellant.

Before: BIBAS, MATEY, and PHIPPS, Circuit Judges.

OPINION OF THE COURT

Whether a federal court may issue an injunction against an allegedly infringing trademark can be a bit confusing. Responding, Congress passed the Trademark Modernization Act of 2020 ("TMA").1 Nichino America Inc. says the...

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