BLISS COLLECTION, LLC v. LATHAM COMPANIES, LLC

Nos. 21-5723/22-5361.

82 F.4th 499 (2023)

BLISS COLLECTION, LLC dba bella bliss, Plaintiff-Appellant (21-5723), Plaintiff-Appellee (22-5361), v. LATHAM COMPANIES, LLC dba little english, Defendant-Appellee (21-5723), Defendant-Appellant (22-5361).

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 21, 2023.


Attorney(s) appearing for the Case

ARGUED: Jaci L. Overmann , DINSMORE & SHOHL LLP, Cincinnati, Ohio, for Bliss Collection, LLC. Laurence J. Zielke , ZIELKE LAW FIRM, PLLC, Louisville, Kentucky, for Latham Companies, LLC. ON BRIEF: Jaci L. Overmann , DINSMORE & SHOHL LLP, Cincinnati, Ohio, for Bliss Collection, LLC. Laurence J. Zielke , Janice M. Theriot , ZIELKE LAW FIRM, PLLC, Louisville, Kentucky, for Latham Companies, LLC.

MATHIS, J., delivered the opinion of the court in which BUSH, J., joined. LARSEN, J. (pp. 516-22), delivered a separate opinion concurring in part and dissenting in part.


OPINION

In the latest chapter in the saga of two children's clothing manufacturers, we are asked to determine whether one of the manufacturers has properly brought trademark and trade dress infringement claims against the other. And, if not, whether the defending party is entitled to attorney's fees. Bliss Collection...

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