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EMERGENCY ONE v. AMERICAN FIRE EAGLE ENGINE CO.

No. 02-1483.

332 F.3d 264 (2003)

EMERGENCY ONE, INCORPORATED, d/b/a American Eagle Fire Apparatus Company, Incorporated, Plaintiff-Appellant, v. AMERICAN FIRE EAGLE ENGINE COMPANY, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 16, 2003.

Attorney(s) appearing for the Case

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.

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

Vacated and remanded by published opinion. Judge TRAXLER wrote the opinion, in which Chief Judge WILKINS and Judge MICHAEL joined.

OPINION

TRAXLER, Circuit Judge:

Emergency One, Inc. ("E-One") appeals from a nationwide injunction entered by the district court prohibiting E-One from using its AMERICAN EAGLE mark in connection with the sale of its fire trucks or from otherwise infringing upon the trademark...

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