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

P has been making use of the Toys 'R' Us mark for over 35 years. The mark is prominently featured in national and regional advertising, and throughout P stores. P has also worked diligently to maintain its reputation as a family-oriented store with a wholesome image. D is the sole proprietor of co-defendant We Are Guns, a firearms store. D's business had been previously known as 'Guns Are Us.' The business's name was changed to 'Guns are We' and then to 'We Are Guns' in response to objections by P. P maintains a website. P sued D seeking damages and an injunction prohibiting D from operating the website at gunsareus.com and from reverting to either of the trade names 'Guns are Us' or 'Guns Are We.'

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