Gibson Guitar Corp. v. Paul Reed Smith Guitars, Lp
Court of Appeals for the Sixth Circuit
1Opinion of the CourtMoore, J., joined by Martin, J.,
KENNEDY, J. (pp. 553-56), delivered a separate opinion concurring in part and dissenting in part.
OPINION
MOORE, Circuit Judge.
This is an interlocutory appeal of an injunction granted in a trademark case. The parties agree that the mark purports to include at least the two-dimensional guitar shape set out in the trademark-registration papers. However, they disagree as to whether the mark extends to cover three-dimensional objects where two dimensions of those objects have the same general shape (but not the same exact proportions) as the drawing in the registration papers, and as to whether the…
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