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SHELL OIL CO. v. COMMERCIAL PETROLEUM, INC.

Nos. 89-1592, 89-1596.

928 F.2d 104 (1991)

SHELL OIL COMPANY, a Delaware Corporation, Plaintiff-Appellee, v. COMMERCIAL PETROLEUM, INCORPORATED, a North Carolina Corporation, Defendant-Appellant. SHELL OIL COMPANY, a Delaware Corporation, Plaintiff-Appellant, v. COMMERCIAL PETROLEUM, INCORPORATED, a North Carolina Corporation, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 11, 1991.

Attorney(s) appearing for the Case

Roger Lee Edwards, Edwards & Bruce, P.A., Mooresville, N.C., for defendant-appellant.

Thomas Joseph Ward, Sr., Ward, Lazarus & Grow, Washington, D.C., argued (Harold R. Bruno, III, John T. Lanahan, Ward, Lazarus & Grow, Washington, D.C.; Robert J. Wishart, Wishart, Norris, Henninger & Pittman, P.A., Burlington, N.C., Kimbley L. Muller, Shell Oil Co., Houston, Tex., on brief), for plaintiff-appellee.

Before HALL and MURNAGHAN, Circuit Judges, and YOUNG, Senior United States District Judge for the District of Maryland, sitting by designation.

K.K. HALL, Circuit Judge:

Commercial Petroleum, Inc. ("Commercial"), appeals the order enjoining it from infringing upon certain Shell Oil Company ("Shell") trademarks. Shell cross-appeals the district court's refusal to award damages and attorney's fees. Finding no error, we affirm.

I.

Shell produces motor oils for use in heavy-duty trucks under the identifying trademarks "Rotella" and "Shell Rotella T." These oils are sold in packaged and bulk...

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