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ON-LINE CARELINE, INC. v. AMERICA ONLINE, INC.

Nos. 99-1432, 99-1443.

229 F.3d 1080 (2000)

ON-LINE CARELINE, INC., Appellant, v. AMERICA ONLINE, INC., (substituted for CompuServe, Incorporated), Appellee. On-Line Careline, Inc., Appellant, v. America Online, Inc., (substituted for CompuServe, Inc.), Appellee.

United States Court of Appeals, Federal Circuit.

October 10, 2000.

Attorney(s) appearing for the Case

L. Dan Tucker, Lock, Liddell & Sapp, of Dallas, Texas, argued for appellant. With him on the brief was Kristin Jordan Harkins.

Michael A. Grow, Arent, Fox, Kintner, Plotkin & Kahn, of Washington, DC, argued for appellee.

Before PLAGER, LOURIE, and GAJARSA, Circuit Judges.

GAJARSA, Circuit Judge.

DECISION

On-Line Careline, Inc. appeals from two decisions of the U.S. Patent and Trademark Office Trademark Trial and Appeal Board ("TTAB"). First, On-Line Careline appeals from the March 23, 1999 decision of the TTAB sustaining an opposition by America Online, Inc. ("AOL") against On-Line Careline's service mark based on a finding of likelihood of confusion. CompuServe, Inc. v. Online Careline, Inc., No. 98,117, 1999 WL 181156...

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