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CPC INTERN., INC. v. SKIPPY INC.

No. 99-2318.

214 F.3d 456 (2000)

CPC INTERNATIONAL, INCORPORATED, Plaintiff-Appellee, v. SKIPPY INCORPORATED; Joan Crosby Tibbetts, Defendants-Appellants. American Civil Liberties Union of Virginia, Incorporated, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided: June 2, 2000

Attorney(s) appearing for the Case

ARGUED: Rodney Ray Sweetland, III, Arlington, Virginia, for Appellants. William Mack Webner, Sughrue, Mion, Zinn, MacPeak & Seas, P.L.L.C., Washington, D.C., for Appellee.

ON BRIEF: Dov Szego, Williamsburg, Virginia; Rebecca K. Glenberg, American Civil Liberties Union of Virginia Foundation, Richmond, Virginia, for Amicus Curiae.

Before WILKINSON, Chief Judge, and WILKINS and WILLIAMS, Circuit Judges.

Vacated and remanded by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge WILKINS and Judge WILLIAMS joined.

OPINION

WILKINSON, Chief Judge:

This case involves a protracted dispute over the use of the trademark SKIPPY. In 1986, CPC International, the maker of Skippy Peanut Butter, brought suit against Skippy, Incorporated, for trademark infringement and unfair competition....

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