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RESORTS OF PINEHURST, INC. v. PINEHURST NAT. CORP.

Nos. 97-1915, 97-1955 and 97-2195.

148 F.3d 417 (1998)

RESORTS OF PINEHURST, INCORPORATED, a North Carolina corporation, Plaintiff-Appellee, v. PINEHURST NATIONAL CORPORATION, a North Carolina corporation; Pinehurst National Development Corporation, a North Carolina corporation; Pinehurst National Golf Club, Incorporated, a North Carolina corporation; U.S. Golf Pinehurst Plantation Limited, a Florida limited partnership, Defendants-Appellants, and Pinehurst Plantation, Incorporated, a North Carolina corporation, Defendant. RESORTS OF PINEHURST, INCORPORATED, a North Carolina corporation, Plaintiff-Appellant, v. PINEHURST NATIONAL CORPORATION, a North Carolina corporation; Pinehurst National Development Corporation, a North Carolina corporation; Pinehurst National Golf Club, Incorporated, a North Carolina corporation; U.S. Golf Pinehurst Plantation Limited, a Florida limited partnership, Defendants-Appellees, and Pinehurst Plantation, Incorporated, a North Carolina corporation, Defendant. RESORTS OF PINEHURST, INCORPORATED, a North Carolina corporation, Plaintiff-Appellee, v. PINEHURST NATIONAL CORPORATION, a North Carolina corporation; Pinehurst National Development Corporation, a North Carolina corporation; Pinehurst National Golf Club, Incorporated, a North Carolina corporation; U.S. Golf Pinehurst Plantation Limited, a Florida limited partnership, Defendants-Appellants, and Pinehurst Plantation, Incorporated, a North Carolina corporation, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided July 15, 1998.

Attorney(s) appearing for the Case

ARGUED: W. Thad Adams, III, Adams Law Firm, P.A., Charlotte, North Carolina; Rodrick John Enns, Kilpatrick & Stockton, L.L.P., Winston-Salem, North Carolina, for Appellants. James Donald Cowan, Jr., Smith, Helms, Mulliss & Moore, L.L.P., Greensboro, North Carolina, for Appellee. ON BRIEF: John Scott Evans, Adams Law Firm, P.A., Charlotte, North Carolina; John H. Hasty, Waggoner, Hamrick, Hasty, Montieth & Kratt, P.L.L.C., Charlotte, North Carolina, for Appellant. Lyn K. Broom, Lisa Frye Garrison, Smith, Helms, Mulliss & Moore, L.L.P., Greensboro, North Carolina; Stephen M. Trattner, Lewis & Trattner, Washington, D.C., for Appellee.

Before WILKINS and MICHAEL, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Affirmed in part, reversed in part, and remanded by published opinion. Senior Judge BUTZNER wrote the opinion, in which Judge WILKINS and Judge MICHAEL joined.

OPINION

BUTZNER, Senior Circuit Judge:

In this interlocutory appeal pertaining to the Lanham Act, codified as 15 U.S.C. §§ 1051-1127 (1994), we must decide whether the district court correctly held that Resorts of Pinehurst (Resorts) has valid service marks in the name PINEHURST...

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