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101707P.pdf   03/21/2011  Community of Christ Copyright  v.  Devon Park Restoration Branch
   U.S. Court of Appeals Case No:  10-1707
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Wollman, Author, with Hansen and Shepherd, Circuit
   Judges]
Civil case - Trademarks. Even when viewed in the light most favorable to defendant, the evidence established that its use of the RLDS marks owned by plaintiff would create a likelihood of confusion and that plaintiff was entitled to summary judgment on its trademark infringement and false designation of origin claims; plaintiff was also entitled to summary judgment on its state law claims for common law infringement, unfair competition and trademark dilution; district court did not err in dismissing defendant's counterclaim for cancellation based on abandonment; district court did not err in finding the RLDS mark was not generic or in dismissing defendant's counterclaim for cancellation; district court did not err in permanently enjoining defendant from using the RLDS marks; award of attorneys' fees was not an abuse of discretion in light of the fact that defendant willfully and deliberately used the marks despite its knowledge that plaintiff owned the marks and was continuing to use them.