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"The only thing necessary for the triumph of evil is for good men to do nothing"
Edmund Burke


Creative Gifts v. UFO, 235 F.3d 540 (10th Cir. 2000)

PLAINTIFF: Creative Gifts (Fascinations) licenses trademarks and other intellectual property. Levitron was the trademarked name of one such.

DEFENDANT: Creative's relationship with Sherlocks began in December 1995 when Michael and Karen Sherlock (UFO) got in touch with Fascinations to express interest in selling Fascinations' anti-gravity tops.

In February 1997 UFO began selling Fascinations' Levitron anti-gravity tops and related products through a website that contained the domain name "levitron.com."

The oral agreements in use at this time were attempted to be put on paper. The sides could't agree.

The district court rejected all of UFOs defenses and found they had indeed infringed the Levitron trademark.

The Court of Appeals affirmed the district court's ruling.

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