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MICROSTRATEGY INC. v. MOTOROLA, INC.

No. 01-1289.

245 F.3d 335 (2001)

MICROSTRATEGY INCORPORATED, Plaintiff-Appellant, v. MOTOROLA, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 28, 2001.

Attorney(s) appearing for the Case

ARGUED: Carter G. Phillips, SIDLEY & AUSTIN, Washington, D.C., for Appellant.

Edward W. Warren, KIRKLAND & ELLIS, Washington, D.C., for Appellee.

ON BRIEF: Daniel Meron, Amanda L. Tyler, Benjamin Gruenstein, SIDLEY & AUSTIN, Washington, D.C.; Jonathan Klein, MICROSTRATEGY, INCORPORATED, Vienna, Virginia, for Appellant.

C. Torrance Armstrong, McGUIRE WOODS, L.L.P., McLean, Virginia; Brian D. Sieve, KIRKLAND & ELLIS, Chicago, Illinois; Jerome Gilson, BRINKS, HOFER, GILSON & LIONE, Chicago, Illinois, for Appellee.

Before NIEMEYER, DIANA GRIBBON MOTZ, and GREGORY, Circuit Judges.

DIANA GRIBBON MOTZ, Circuit Judge:

In this interlocutory appeal, we agreed to review on an expedited basis the denial of a preliminary injunction to MicroStrategy, Incorporated, which seeks to enjoin Motorola, Incorporated, from use of a purported MicroStrategy trademark. For the reasons that follow, we affirm.

I.

Motorola, a global communications and electronics company, produces electronic hardware. In June 2000, Motorola held a business summit...

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