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D.H. PACE COMPANY, INC. v. OGD EQUIPMENT COMPANY

No. 22-10985.

78 F.4th 1286 (2023)

D.H. PACE COMPANY, INC., d.b.a. Overhead Door Company of Atlanta, d.b.a. Overhead Door Company of Kansas City, Plaintiff-Counter Defendant-Appellant, v. OGD EQUIPMENT COMPANY, LLC, Defendant-Counter Claimant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Filed: August 22, 2023.

Attorney(s) appearing for the Case

Richard Charles Henn, Jr. , Jennifer Fairbairn Deal , Sarah Edwards Holland , Kevin Bradford Sears , Kilpatrick Townsend & Stockton, LLP, Atlanta, GA, Adam Howard Charnes , Kilpatrick Townsend & Stockton, LLP, Dallas, TX, Brittany Knutson , Kilpatrick Townsend & Stockton, Washington, DC, for Plaintiff-Counter Defendant-Appellant.

Michael A. Caplan , Jessica Arnold Caleb , Timothy Brandon Waddell , Caplan Cobb, LLC, Atlanta, GA, Grant Craig Johnson , OGD Equipment Co., Fort Worth, TX, Michael C. Kendall , Samantha Rose Mandell , Kendall Mandell, LLC, Douglasville, GA, for Defendant-Counter Claimant-Appellee.

Before Branch and Brasher, Circuit Judges, and Winsor, District Judge.

At issue in this case is whether Plaintiff D.H. Pace Company, Inc. ("Pace"), a trademark licensee, can bring a claim against a third party for unfair competition under the Lanham Act when its licensing agreement does not expressly authorize it to do so. Under the facts of this case, we conclude that it can.

This appeal...

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