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MARSHAK v. TREADWELL

No: 99-5614.

240 F.3d 184 (2001)

Larry Marshak, Appellant v. Faye Treadwell; Treadwell Drifters, Inc; the Drifters, Inc.; Bowen Agency Ltd/Admiral Talent.

United States Court of Appeals, Third Circuit.

Filed February 9, 2001.

Attorney(s) appearing for the Case

Stephen B. Judlowe, Esq. (argued) Lisa M. Ferri, Esq. Eve Kunen, Esq. Vincent A. Sireci, Esq. Hopgood, Calimafde, Kalil & Judlowe, LLP 60 East 42nd Street New York, New York 10165

Kenneth D. McPherson, Jr., Esq. Mark J. Ingber, Esq. Waters, McPherson, McNeill 300 Lighting Way P.O. Box 1560, 7th Floor Secaucus, New Jersey 07096, Attorneys for Appellant.

James P. Flynn, Esq. (argued) Epstein Becker & Green, P.C. Gateway Two 12th Floor Newark, New Jersey 07102; Joshua Levine Law Office of Ira Levine 0-99 Plaza Road P.O. Box 2777 Fair Lawn, New Jersey 07410, Attorneys for Appellees.

BEFORE: ALITO and BARRY, Circuit Judges, and ALDISERT, Senior Circuit Judge.

OPINION OF THE COURT

ALITO, Circuit Judge:

This is an appeal from orders entered by the District Court after a trial concerning the right to use the mark "The Drifters" for a singing group. Larry Marshak, who acquired a federally registered service mark for "The Drifters" name in 1978, brought this action against Faye Treadwell and others, claiming that they were infringing his mark. The defendants contended that Marshak's federally registered mark had been...

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