AVIVA SPORTS, INC. v. FINGERHUT DIRECT MARKETING , No. 13-1635 (Fed. Cir. 2014)

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NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ AVIVA SPORTS, INC., Plaintiff-Cross-Appellant, v. FINGERHUT DIRECT MARKETING, INC., MENARD, INC., AND KMART CORPORATION, Defendants, AND MANLEY TOYS, LTD., doing business as Manley Toys, and doing business as ToyQuest, Defendant-Appellant. ______________________ 2013-1635, -1671 ______________________ Appeals from the United States District Court for the District of Minnesota in No. 09-CV-1091, Judge Joan N. Ericksen. ______________________ JUDGMENT ______________________ STEPHEN M. LOBBIN, The Eclipse Group LLP, of Irvine, California, argued for defendant-appellant. J. THOMAS VITT, Dorsey & Whitney LLP, of Minneapolis, Minnesota, argued for plaintiff-cross-appellant. With him on the brief were DAVID Y. TREVOR and MICHAEL WEINBECK. Of counsel was KEITH M. SORGE, Arthur, Chapman, Kettering, Smetak & Pikala, PA, of Minneapolis, Minnesota. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (NEWMAN, MOORE, and REYNA, Circuit Judges). AFFIRMED. See Fed. Cir. R. 36. ENTERED BY ORDER OF THE COURT August 18, 2014 Date /s/ Daniel E. O Toole Daniel E. O Toole Clerk of Court

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