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AMERICA ONLINE, INC. v. AT & T CORP.

No. 99-2138.

243 F.3d 812 (2001)

AMERICA ONLINE, INCORPORATED, Plaintiff-Appellant, v. AT & T CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: February 28, 2001.

Attorney(s) appearing for the Case

ARGUED: Maureen Ellen Mahoney, LATHAM & WATKINS, Washington, D.C., for Appellant.

Laura A. Kaster, AT & T CORPORATION, Basking Ridge, New Jersey, for Appellee.

ON BRIEF: Everett C. Johnson, Jr., Minh N. Vu, LATHAM & WATKINS, Washington, D.C.; Richard A. Cordray, Grove City, Ohio; Paul T. Cappuccio, Randall J. Boe, Laura E. Jehl, AMERICA ONLINE, INC., Dulles, Virginia, for Appellant.

Howard Spierer, Judith A. Archer, AT&T CORPORATION, Basking Ridge, New Jersey; Edward T. Colbert, KENYON & KENYON, Washington, D.C.; Carter C. Phillips, SIDLEY & AUSTIN, Washington, D.C.; Constantine L. Trela, Jr., SIDLEY & AUSTIN, Chicago, Illinois, for Appellee.

Before NIEMEYER and LUTTIG, Circuit Judges, and Alexander WILLIAMS, Jr., United States District Judge for the District of Maryland, sitting by designation.

Affirmed if part, vacated in part, and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILLIAMS, joined. Judge LUTTIG wrote a concurring and dissenting opinion.

OPINION

NIEMEYER, Circuit Judge:

America Online, Inc. ("AOL") commenced this action against AT & T Corporation ("AT & T") for AT & T's alleged infringements of three trademarks that AOL claims in connection with its Internet services — "Buddy...

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