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EMERGENCY ONE, INC. v. AMERICAN FIREEAGLE, LTD.

No. 99-2253.

228 F.3d 531 (2000)

EMERGENCY ONE, INCORPORATED, d/b/a American Eagle Fire Apparatus Company, Incorporated, Plaintiff-Appellee, v. AMERICAN FIREEAGLE, LIMITED, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: September 28, 2000.

Attorney(s) appearing for the Case

ARGUED: L. Lawton Rogers, III, Rogers & Killeen, Alexandria, Virginia, for Appellant. Christopher Brennan Wilson, Grippo & Elden, Chicago, Illinois, for Appellee. ON BRIEF: Patrick D. McPherson, Mark C. Comtois, D. Joseph English, Rogers & Killeen, Alexandria, Virginia, for Appellant. Darlene K. Alt, Grippo & Elden, Chicago, Illinois; Hugh Stevens, Everett, Gaskins, Hancock & Stevens, L.L.P., Raleigh, North Carolina; Jennifer L. Sherman, Federal Signal Corporation, Oak Brook, Illinois, for Appellee.

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

Vacated and remanded by published opinion. Judge MICHAEL wrote the opinion, in which Judge TRAXLER joined.

OPINION

MICHAEL, Circuit Judge:

Emergency One, Inc. (E-One), a manufacturer of fire trucks and rescue vehicles, brought this trademark infringement suit against American FireEagle, Ltd. (AFE), a competing manufacturer of fire trucks. E-One alleged that AFE's AMERICAN FIREEAGLE mark, a bald eagle superimposed over an American flag, infringed...

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