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DAYTON PROGRESS CORP. v. LANE PUNCH CORP.

No. 89-2740.

917 F.2d 836 (1990)

DAYTON PROGRESS CORPORATION, Plaintiff-Appellee, v. LANE PUNCH CORPORATION, Defendant-Appellant, and Jerry W. Campbell; James William Porter, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided October 31, 1990.

Attorney(s) appearing for the Case

Floyd A. Gibson, argued (Paul F. Pedigo, on the brief), Bell, Seltzer, Part & Gibson, Charlotte, N.C., for defendant-appellant.

Kip Allen Frey, argued (I. Faison, Hicks, David L. Lange, on the brief), Parker, Poe, Thompson, Bernstein, Gage & Preston, N.C., for plaintiff-appellee.

Before WIDENER and CHAPMAN, Circuit Judges, and HOFFMAN, Senior District Judge for the Eastern District of Virginia, sitting by designation.

WIDENER, Circuit Judge:

Dayton Progress Corporation (Dayton) sued Lane Punch Corporation (Lane) alleging that Lane had committed unfair competition, false advertising, misappropriation, common law trademark infringement, and violations of N.C.Gen.Stat. § 75-1.1. The district court decided in favor of Dayton and permanently enjoined Lane from using thirty-nine of Dayton's product designators.1 Lane appeals arguing that the district...

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