RADIANCE FOUNDATION, INC. v. N.A.A.C.P.

No. 14-1568.

786 F.3d 316 (2015)

The RADIANCE FOUNDATION, INC.; Ryan Bomberger, Plaintiffs-Appellants, v. NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, Defendant-Appellee. Electronic Frontier Foundation; American Civil Liberties Union Of Virginia; National Black Pro-Life Coalition; Walter B. Hoye, Ii; Dr. Alveda C. King; Dr. Day Gardner, Amici Supporting Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: May 19, 2015.


Attorney(s) appearing for the Case

ARGUED: Charles Manley Allen, Goodman, Allen & Filetti, PLLC, Glen Allen, Virginia, for Appellants. Pratik A. Shah, Akin Gump Strauss Hauer & Feld LLP, Washington, D.C., for Appellee. ON BRIEF: William F. Demarest III, Goodman, Allen & Filetti, PLLC, Glen Allen, Virginia, for Appellants. Anthony T. Pierce,   Z.W. Julius Chen,   Matthew A. Scarola, Akin Gump Strauss Hauer & Feld LLP, Washington, D.C., for Appellee. Eugene Volokh, First Amendment Amicus Brief Clinic, Mairead Dolan, Student, UCLA School of Law, Los Angeles, California, for Amici Electronic Frontier Foundation and ACLU of Virginia. Catherine W. Short, Life Legal Defense Foundation, Ojai, California; Nikolas T. Nikas,   Dorinda C. Bordlee, Bioethics Defense Fund, Metairie, Louisiana, for Amici National Black Pro-Life Coalition, Walter B. Hoye II, Dr. Alveda C. King, and Dr. Day Gardner.

Vacated and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Judge HARRIS and Senior Judge DAVIS joined.


The Radiance Foundation published an article online entitled "NAACP: National Association for the Abortion of Colored People" that criticized the NAACP's stance on abortion. In response to a cease-and-desist letter from the NAACP, Radiance sought a declaratory judgment that it had not infringed any NAACP trademarks. The...

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