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LYONS PARTNERSHIP, L.P. v. MORRIS COSTUMES, INC.

No. 99-2255.

243 F.3d 789 (2001)

LYONS PARTNERSHIP, L.P., a Texas Limited Partnership, Plaintiff-Appellant, v. MORRIS COSTUMES, INCORPORATED; Philip Morris; Amy Morris Smith, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: March 16, 2001.

Attorney(s) appearing for the Case

ARGUED: Mack Sperling, BROOKS, PIERCE, McLENDON, HUMPHREY & LEONARD, L.L.P., Greensboro, North Carolina, for Appellant. ON BRIEF: Hubert Humphrey, David Sar, BROOKS, PIERCE, McLENDON, HUMPHREY & LEONARD, L.L.P., Greensboro, North Carolina, for Appellant. George V. Hanna, III, M. James Grode, MOORE & VAN ALLEN, P.L.L.C., Charlotte, North Carolina, for Appellees.

Jay Scot Bilas, MOORE & VAN ALLEN, P.L.L.C., Charlotte, North Carolina, for Appellees.

Before NIEMEYER, WILLIAMS, and TRAXLER, Circuit Judges.

Affirmed in part, reversed in part, vacated in part, and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILLIAMS and Judge TRAXLER joined.

OPINION

NIEMEYER, Circuit Judge:

The owner of "Barney," the famous purple dinosaur who speaks in a distinctive baritone, seeks, through this action for injunctive relief and damages, to end the marketing of three look-alike costumes that children allegedly believe are in fact Barney...

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