United States Fourth Circuit

In a case involving the relationship between the Lanham Act and section 206 of the subsequently enacted Science, State, Justice, Commerce, and Related Agencies Appropriations Act, which prohibits the use of federal funds to "register, issue, transfer, or enforce any trademark of the phrase 'The Last Best Place,'" the district court's holding that section 206 is invalid is reversed as the district court erroneously declared the section invalid for contravening a previously enacted piece of legislation.

Appellate Information

• Decided 10/24/2007
• Published 10/24/2007

Judges

• Before WILKINSON and KING, Circuit Judges, and FREDERICK P. STAMP, JR., Senior United States District Judge for the Northern District of West Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Joshua Paul Waldman, Civil Division, Appellate Staff, United States Department of Justice, Washington, DC, for Appellants.  David M. Monachino, Seyfarth & Shaw, L.L.P., New York, New York, for Appellee.   ON BRIEF:  Peter D. Keisler, Assistant Attorney General, Washington, DC, Chuck Rosenberg, United States Attorney, Alexandria, Virginia, Scott R. McIntosh, Civil Division, Appellate Staff, United States Department of Justice, Washington, DC, for Appellants.  Eddy Salcedo, Seyfarth & Shaw, L.L.P., New York, New York;  Alexander X. Jackins, Seyfarth & Shaw, L.L.P., Washington, DC, for Appellee.