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RFE INDUSTRIES, INC. v. SPM CORP.

No. 95-2665.

105 F.3d 923 (1997)

RFE INDUSTRIES, INCORPORATED, Plaintiff-Appellant, v. SPM CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 29, 1997.

Attorney(s) appearing for the Case

ARGUED: David Marc Freeman, Nagel, Rice & Dreifuss, Livingston, New Jersey, for Appellant. Michael Francis Urbanski, Woods, Rogers & Hazlegrove, P.L.C., Roanoke, Virginia, for Appellee. ON BRIEF: Bruce H. Nagel, Nagel, Rice & Dreifuss, Livingston, New Jersey; Gentry, Locke, Rakes & Moore, Roanoke, Virginia, for Appellant. Dudley F. Woody, Frank K. Friedman, Paul C. Kuhnel, Woods, Rogers & Hazlegrove, P.L.C., Roanoke, Virginia, for Appellee.

Before WIDENER and HALL, Circuit Judges, and THORNBURG, United States District Judge for the Western District of North Carolina, sitting by designation.

OPINION

K.K. HALL, Circuit Judge:

RFE Industries, Inc., a New Jersey corporation, filed this action against SPM Corporation of Montvale, Virginia, in the district court for the District of New Jersey, alleging that SPM had violated federal and state law by infringing on RFE's "Popcorn" trademark, used by RFE to denote certain of the silver anodes that it manufactures and distributes for use in electroplating. SPM successfully maintained that it was not subject...

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