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BRITTINGHAM v. JENKINS

Nos. 89-1560, 89-1579.

914 F.2d 447 (1990)

David A. BRITTINGHAM; Thrasher's, Incorporated; Thrasher's of Georgetown, Incorporated, Plaintiffs-Appellants, v. Charles R. JENKINS; Synepuxent Pier and Improvement Company; Time, Incorporated; Ocean Fries Corporation, Defendants-Appellees, and Resort Leisure Industries, Incorporated, Defendant. David A. BRITTINGHAM; Thrasher's, Incorporated; Thrasher's of Georgetown, Incorporated, Plaintiffs-Appellants, v. Charles R. JENKINS; Synepuxent Pier and Improvement Company; Time, Incorporated; Ocean Fries Corporation, Defendants-Appellees, and Resort Leisure Industries, Incorporated, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided September 11, 1990.

Rehearing and Rehearing Denied October 16, 1990.

Attorney(s) appearing for the Case

Larry Steven Gibson, Shapiro and Olander, Baltimore, Md. (Larry Steven Gibson on brief), for plaintiffs-appellants.

Raymond Stevens Smethurst, Jr., Adkins, Potts & Smethurst, Salisbury, Md., (Barbara R. Trader, Adkins, Potts & Smethurst on brief), Robert R. Priddy, Elliott I. Pollock, Pollock, Vande Sande & Priddy, Washington, D.C., for defendants-appellees.

Before ERVIN, Chief Judge, and PHILLIPS and MURNAGHAN, Circuit Judges.

Rehearing and Rehearing In Banc Denied October 16, 1990.

ERVIN, Chief Judge:

David A. Brittingham,1 the holder of both federal and Maryland state registrations for the service mark THRASHER'S, brought this infringement action against Charles R. Jenkins2 under the Lanham Trademark Act, 15 U.S.C. §§ 1051 et seq. Jenkins filed an answer and a counterclaim alleging, inter alia, that...

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