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Obx-Stock, Inc. v. Bicast, Inc.

United States Court of Appeals, Fourth Circuit
Feb 27, 2009
558 F.3d 334 (4th Cir. 2009)

Summary

noting trademark law's twin concerns

Summary of this case from Booking.Com B.V. v. U.S. Patent & Trademark Office

Opinion

Nos. 06-1769, 06-1887.

Argued: October 31, 2008.

Decided: February 27, 2009.

Appeal from the United States District Court for the Eastern District of North Carolina, Terrence W. Boyle, J.

ARGUED: Alice Carmichael Richey, K L Gates, L.L.P., Charlotte, North Carolina, for Appellant/Cross-Appellee. Pamela Anne Bresnahan, Vorys, Sater, Seymour Pease, Washington, D.C., for Appellee/Cross-Appellant. ON BRIEF: Daniel V. Mumford, Kennedy, Covington, Lobdell Hickman, L.L.P., Charlotte, North Carolina, for Appellant/Cross-Appellee. Elizabeth Treubert Simon, Vorys, Sater, Seymour Pease, Washington, D.C.; Reid L. Phillips, David W. Sar, Brooks, Pierce, McLendon, Humphrey Leonard, L.L.P., Greensboro, North Carolina, for Appellee/Cross-Appellant.

Before NIEMEYER and AGEE, Circuit Judges, and LIAM O'GRADY, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge AGEE and Judge O'GRADY joined.


OPINION


Summaries of

Obx-Stock, Inc. v. Bicast, Inc.

United States Court of Appeals, Fourth Circuit
Feb 27, 2009
558 F.3d 334 (4th Cir. 2009)

noting trademark law's twin concerns

Summary of this case from Booking.Com B.V. v. U.S. Patent & Trademark Office

applying the Abercrombie framework

Summary of this case from Moke Am. LLC v. Am. Custom Golf Cars, Inc.

giving examples of "KENTUCKY fried chicken" and "AMERICAN airlines" "geographically descriptive marks that have established secondary meanings in consumer's minds, causing consumers to recognize a brand or source or fried chicken or air travel, rather than the places, Kentucky and America."

Summary of this case from Poison Spider Bicycles, Inc. v. TAP Mfg., LLC

giving examples of "KENTUCKY fried chicken" and "AMERICAN airlines" that "are geographically descriptive marks that have established secondary meanings in consumer's minds, causing consumers to recognize a brand or source of fried chicken or air travel, rather than the places, Kentucky and America"

Summary of this case from Tony's Taps, LLC v. PS Enters., Inc.
Case details for

Obx-Stock, Inc. v. Bicast, Inc.

Case Details

Full title:OBX-STOCK, INCORPORATED, Plaintiff-Appellant, v. BICAST, INCORPORATED…

Court:United States Court of Appeals, Fourth Circuit

Date published: Feb 27, 2009

Citations

558 F.3d 334 (4th Cir. 2009)

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Moke Am. LLC v. Am. Custom Golf Cars, Inc.

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