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CARA'S NOTIONS, INC. v. HALLMARK CARDS, INC.

No. 97-1696.

140 F.3d 566 (1998)

CARA'S NOTIONS, INCORPORATED, d/b/a Cara's Hallmark, Plaintiff-Appellee, v. HALLMARK CARDS, INCORPORATED; Hallmark Marketing Corporation, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided March 31, 1998.

Attorney(s) appearing for the Case

ARGUED: Thomas Dean Myrick, Smith, Helms, Mulliss & Moore, L.L.P., Charlotte, NC, for Appellants. Charles Henry Rabon, Jr., Kilpatrick Stockton, L.L.P., Charlotte, NC, for Appellee. ON BRIEF: Jackson N. Steele, Kilpatrick Stockton, L.L.P., Charlotte, NC, for Appellee.

Before MURNAGHAN, NIEMEYER and MOTZ, Circuit Judges.

Reversed by published opinion. Judge MURNAGHAN wrote the opinion, in which Judge NIEMEYER and Judge MOTZ joined.

OPINION

MURNAGHAN, Circuit Judge:

Cara's Notions, Inc., operates two Hallmark stores. The first store is the subject of a "Trademark License Agreement" between Hallmark Cards, Inc., and Betty and Jerald Gibson, the owners and officers of Cara's Notions. The second store is the subject of an "Account Agreement" between Hallmark Cards, Inc...

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