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SARA LEE CORP. v. KAYSER-ROTH CORP.

No. 94-2562.

81 F.3d 455 (1996)

SARA LEE CORPORATION, Plaintiff-Appellant, v. KAYSER-ROTH CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 17, 1996.

Attorney(s) appearing for the Case

ARGUED: George Lester Little, Jr., Rodrick John Enns, Petree Stockton, L.L.P., Winston-Salem, North Carolina, for Appellant. Alan William Duncan, Smith, Helms, Mulliss & Moore, L.L.P., Greensboro, North Carolina, for Appellee. ON BRIEF: Daniel R. Taylor, Jr., J. David Mayberry, Petree Stockton, L.L.P., Winston-Salem, North Carolina, for Appellant. Jonathan A. Berkelhammer, Smith, Helms, Mulliss & Moore, L.L.P., Greensboro, North Carolina, for Appellee.

Before WIDENER, HALL, and WILKINS, Circuit Judges.

Reversed and remanded with instructions by published opinion. Judge HALL wrote the majority opinion, in which Judge WILKINS concurred. Judge WIDENER wrote a separate dissenting opinion.

OPINION

K. K. HALL, Circuit Judge:

Sara Lee Corporation appeals the district court's entry of judgment for Kayser-Roth Corporation in Sara Lee's action for trademark infringement. The district court found that Kayser-Roth's use of the mark Leg Looks® on a line...

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