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REX REAL ESTATE I v. REX REAL ESTATE EXCH., INC.

No. 22-50405.

80 F.4th 607 (2023)

REX REAL ESTATE I, L.P., Plaintiff-Appellant, v. REX REAL ESTATE EXCHANGE, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED September 6, 2023.

Attorney(s) appearing for the Case

Allyson Newton Ho , Bradley G. Hubbard , Gibson, Dunn & Crutcher, L.L.P., Dallas, TX, Christopher Dove, Esq. , Locke Lord, L.L.P., Houston, TX, Howard S. Hogan , Katherine Leigh Montoya , Gibson, Dunn & Crutcher, L.L.P., Washington, DC, Charles Edward Phipps, Esq. , Locke Lord, L.L.P., Dallas, TX, for Plaintiff-Appellant.

Michael Lovins , Lovins Trosclair, P.L.L.C., Austin, TX, for Defendant-Appellee.

Before Richman, Chief Judge, and Haynes and Graves, Circuit Judges.

Plaintiff Rex Real Estate I, L.P. sued Defendant Rex Real Estate Exchange for trademark infringement. The district court granted Defendant's motion for judgment as a matter of law after Plaintiff rested its case, and Plaintiff now appeals. A reasonable jury could not find in favor of Plaintiff's Section 32(1...

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