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RETAIL SERVICES, INC. v. FREEBIES PUBLISHING

Nos. 03-1272, 03-1317.

364 F.3d 535 (2004)

RETAIL SERVICES INC.; Freebie, Incorporated, Plaintiffs-Appellees, v. FREEBIES PUBLISHING; Eugene F. Zannon; Gail Zannon, Defendants-Appellants. Retail Services Inc.; Freebie, Incorporated, Plaintiffs-Appellants, v. Freebies Publishing; Eugene F. Zannon; Gail Zannon, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: April 13, 2004.

Attorney(s) appearing for the Case

ARGUED: Terence Patrick Ross, Gibson, Dunn & Crutcher, L.L.P., Washington, D.C., for Appellants/Cross-appellees Freebies Publishing, et al. Alan Charles Raul, Sidley, Austin, Brown & Wood, L.L.P., Washington, D.C., for Appellees/Cross-appellants Retail Services, Inc., et al. ON BRIEF: Hill B. Wellford, III, Gibson, Dunn & Crutcher, L.L.P., Washington, D.C., for Appellants/Cross-appellees Freebies Publishing, et al. Joseph V. Jest, Sidley, Austin, Brown & Wood, L.L.P., Washington, D.C., for Appellees/Cross-appellants Retail Services, Inc., et al.

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

Affirmed by published opinion. Judge Traxler wrote the opinion, in which Chief Judge Wilkins and Judge Duncan joined.

TRAXLER, Circuit Judge:

Retail Services, Inc. and Freebie, Inc. (collectively "RSI") brought this action for declaratory relief against Freebies Publishing, Eugene F. Zannon, and Gail Zannon (collectively "defendants") seeking an order declaring that RSI's use of the domain name <freebie.com> did not violate the Anticybersquatting Consumer...

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