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POCKET PLUS, LLC v. PIKE BRANDS, LLC

No. 21-3414, No. 22-1304, No. 22-1396.

53 F.4th 425 (2022)

POCKET PLUS, LLC, Plaintiff-Appellant v. PIKE BRANDS, LLC, formerly known as Runner's High, LLC, doing business as Running Buddy, Defendant-Appellee Pocket Plus, LLC, Plaintiff-Appellant v. Pike Brands, LLC, formerly known as Runner's High, LLC, doing business as Running Buddy, Defendant-Appellee Pocket Plus, LLC, Plaintiff-Appellee v. Pike Brands, LLC, formerly known as Runner's High, LLC, doing business as Running Buddy, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: November 15, 2022.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant/cross-appellee and appeared on the brief was Timothy J. Zarley , of Des Moines, IA.

Counsel who presented argument on behalf of the appellee/cross-appellant and appeared on the brief was Michael C. Gilchrist , of Des Moines, IA. The following attorneys also appeared on the appellee/cross-appellant brief; Glenn Johnson , of Des Moines, IA., Christine Marie Lebron-Dykeman , of Des Moines, IA.

Before GRUENDER, MELLOY, and ERICKSON, Circuit Judges.

Pocket Plus, LLC, sued Pike Brands, LLC ("Running Buddy") for trade-dress infringement of Pocket Plus's portable pouch. The district court1 granted summary judgment to Running Buddy and awarded it a portion of its requested attorney fees. Pocket Plus appeals the summary judgment, and both parties...

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