Flagpole Co.'s Trademark Suit Against Wal-Mart Revived

Law360, New York (August 13, 2010, 6:47 PM EDT) -- A federal appeals court has revived a flagpole installer’s trademark infringement suit against flag-product supplier Rio Brands Inc. and a slew of big-box stores including Wal-Mart Stores Inc. and Lowe’s Cos.

In an opinion issued Wednesday, a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit remanded the case to the U.S. District Court for the Northern District of Ohio for further proceedings, saying the lower court erred both in dismissing a counterfeit trademark claim brought by Kyle Laukus for the service mark...
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