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TRADEMARK PROPERTIES INCORPORATED v. A&E TELEVISION NETWORKS

No. 09-1825.

TRADEMARK PROPERTIES INCORPORATED, a South Carolina Corporation; RICHARD C. DAVIS, an Individual, Plaintiffs-Appellees, v. A&E TELEVISION NETWORKS, a Joint Venture of the Hearst Corporation; DEPARTURE FILMS, an Entity of Unknown Origin, Defendants-Appellants, and ABC, INCORPORATED; NBC UNIVERSAL; DOES 1-20, Inclusive, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: April 11, 2011.

Attorney(s) appearing for the Case

ARGUED: Michael B. Mukasey , DEBEVOISE & PLIMPTON LLP, New York, New York, for Appellants.

William Walter Wilkins , NEXSEN PRUET, Greenville, South Carolina, for Appellees.

ON BRIEF: Jeremy Feigelson , S. Zev Parnass , DEBEVOISE & PLIMPTON LLP, New York, New York; Richard Ashby Farrier, Jr. , Robert H. Jordan , NELSON MULLINS RILEY & SCARBOROUGH LLP, Charleston, South Carolina, for Appellants.

Kirsten E. Small , NEXSEN PRUET, Greenville, South Carolina, for Appellees.

Affirmed by unpublished opinion. Senior Judge Baldock wrote the majority opinion, in which Judge King joined. Judge Duncan wrote a separate opinion dissenting from the judgment.

Unpublished opinions are not binding precedent in this circuit.

BALDOCK, Senior Circuit Judge:

Plaintiff Richard C. Davis approached Defendant A&E Television Networks with the concept that he maintains became the reality television series "Flip This House."1 This dispute arises out of the parties' disagreement over an alleged oral agreement to split equally net revenues of the show. Plaintiff sued Defendant in...

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