CNBECCitizens National Bank of Evans City (Pennsylvania)
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In consequence of its rehabilitation of the jury's verdict, the Third Circuit ordered the entry of a declaratory judgment in favor of CNBEC. Turning to the injunction, it heavily criticized each of the district court's subsidiary findings, especially its attribution of unclean hands to CNBEC.
The trial court excluded the testimony of one of CNBEC's survey experts on the grounds that he surveyed the wrong "universe," or population, of consumers.
(102) The Third Circuit found that the equities lay almost entirely on the side of CNBEC, the smaller, senior user of the Citizens mark.