This section contains the nature of the case and procedural background.

P eventually succeeded in registering a trademark that consists of a color scheme in which one vertical band or segment of bristles on a broom is a different color (a 'contrasting' color, in the language of the trademark registration) from the remaining bristles. The particular choice of contrasting colors is not part of the trademark. P began marketing these brooms in 1990. The contrasting-color band was sometimes red and sometimes green or black, the rest of the bristles being either a very dark gray, verging on black, with the red band, or a lighter gray with the green or black band. In 1993 D began marketing its own contrasting-color broom, the contrasting colors being light and medium gray. P brought suit against D for infringement. The district judge enjoined D from selling the infringing line of brooms and in addition awarded P almost $ 1.2 million in monetary relief, representing D's profits from their sales. D appealed.

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