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D sought to trademark the circular beach towel. The round shape eliminates the need to constantly get up and move your towel as the sun moves across the sky. The Patent and Trademark Office registered the 'configuration of a round beach towel' as trademark No. 1,502,261 in 1988. D discovered that P was selling round beach towels. D sued P, Target, and Walmart, for unauthorized use of his registered trademark. P then sued D to invalidate his mark. The judge granted summary judgment in P's favor and dismissed the remaining claims and counterclaims. D appealed.

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