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RINGLING BROS.-BARNUM & BAILEY COMBINED SHOWS v. UTAH DIV., TRAVEL DEV.

No. 97-1399.

170 F.3d 449 (1999)

RINGLING BROS.-BARNUM & BAILEY COMBINED SHOWS, INCORPORATED, Plaintiff-Appellant, v. UTAH DIVISION OF TRAVEL DEVELOPMENT, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 16, 1999.

Attorney(s) appearing for the Case

ARGUED: Steven B. Pokotilow, Stroock & Stroock & Lavan, L.L.P., New York, New York, for Appellant. Ralph L. Finlayson, Office of the Utah Attorney General, Salt Lake City, Utah, for Appellee. ON BRIEF: Brian S. Tomko, Stroock & Stroock & Lavan, L.L.P., New York, New York; Stephen M. Colangelo, McGuire, Woods, Battle & Boothe, L.L.P., Tysons Corner, Virginia, for Appellant. Jerrold S. Jensen, Office of the Utah Attorney General, Salt Lake City, Utah, for Appellee.

Before WILKINS, Circuit Judge, PHILLIPS, Senior Circuit Judge, and THORNBURG, United States District Judge for the Western District of North Carolina, sitting by designation.

Affirmed by published opinion. Senior Judge PHILLIPS wrote the opinion, in which Judge WILKINS and Judge THORNBURG joined.

OPINION

PHILLIPS, Senior Circuit Judge:

This case requires us to interpret and apply the dauntingly elusive concept of trademark "dilution" as now embodied in the Federal Trademark Dilution Act of 1995 ("the Act"). See Federal Trademark Dilution Act of 1995, Pub.L. No. 104-98, 109 Stat. 985 (codified at 15 U.S.C. §...

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