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SHAKESPEARE CO. v. SILSTAR CORP. OF AMERICA, INC.

No. 95-3208.

110 F.3d 234 (1997)

SHAKESPEARE COMPANY, Plaintiff-Appellant, v. SILSTAR CORPORATION OF AMERICA, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 3, 1997.

Attorney(s) appearing for the Case

ARGUED: Sylvia Ann Petrosky, Renner, Kenner, Greive, Bobak, Taylor & Weber, Akron, OH, for Plaintiff-Appellant. Francis Morris Pinckney, Shefte, Pinckney & Sawyer, Charlotte, NC, for Defendant-Appellee. ON BRIEF: Jack L. Renner, Ray L. Weber, Renner, Kenner, Greive, Bobak, Taylor & Weber, Akron, OH; James M. Brailsford, III, Frank R. Ellerbe, III, Robinson, McFadden & Moore, Columbia, SC, for Plaintiff- Appellant. William C. Cleveland, Thomas S. White, Haynsworth, Marion, McKay & Guerard, Charleston, SC, for Defendant-Appellee.

Before WIDENER, MURNAGHAN, and NIEMEYER, Circuit Judges.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MURNAGHAN joined. Judge WIDENER wrote a dissenting opinion.

OPINION

NIEMEYER, Circuit Judge.

Shakespeare Company, the owner of a registered trademark for fishing rods that have a "whitish translucent" tip and a contrasting opaque shaft, brought this trademark infringement action against Silstar Corporation of America, Inc. which also manufactures a clear-tipped fishing...

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