United States Fourth Circuit

A nationwide injunction entered by the district court prohibiting plaintiff from using its mark in connection with the sale of its fire trucks, or from otherwise infringing upon the trademark rights of defendant, is vacated where there is no factual basis from which to conclude that defendant's use of the mark was nationwide.

Appellate Information

• Decided 06/16/2003
• Published 06/16/2003

Judges

• Before WILKINS, Chief Judge, and MICHAEL and TRAXLER, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED: Brendan Joseph O'Rourke, Proskauer Rose, L.L.P., New York, New York, for Appellant.  L. Lawton Rogers, III, Duane Morris, L.L.P., Washington, D.C., for Appellee.   ON BRIEF: Hugh Stevens, Everett, Gaskins, Hancock & Stevens, L.L.P., Raleigh, North Carolina, for Appellant.   Patrick D. McPherson, Mark C. Comtois, Donald J. English, Duane Morris, L.L.P., Washington, D.C.;  Mark A. Finkelstein, Herring, Mcbennett, Mills & Finkelstein, Raleigh, North Carolina, for Appellee.