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EXXON CORP. v. OXXFORD CLOTHES, INC.

Nos. 96-20398, 96-20520.

109 F.3d 1070 (1997)

EXXON CORPORATION, Plaintiff-Appellee, v. OXXFORD CLOTHES, INC. and Oxxford Clothes XX, Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Suggestion for Rehearing Denied May 14, 1997.

Attorney(s) appearing for the Case

William Charles Slusser, Richard S. Siluk, Claudia Wilson Frost, Joan Alison Juban, Baker & Botts, Houston, TX, for Exxon Corp.

Alex A. Alston, Jr., Terryl Kimbrell Rushing, Alston, Rutherford & Van Slyke, Jackson, MS, Thomas Clower Harvey, Jr., Nashville, TN, Steve W. Rosenblatt, Rosenblatt & Redano, Houston, TX, for Oxxford Clothes, Inc. and Clothes XX, Inc.

Before KING, GARWOOD and PARKER, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied May 14, 1997.

GARWOOD, Circuit Judge:

Defendants-appellants Oxxford Clothes, Inc., and Oxxford Clothes XX, Inc. (Oxxford), appeal the district court's judgment dismissing Oxxford's affirmative defense of naked licensing and Oxxford's state law dilution counterclaim in this trademark dispute with plaintiff-appellee Exxon Corporation (Exxon). We affirm.

Facts and Proceedings Below

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