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HUNT MASTERS v. LANDRY'S SEAFOOD RESTAURANT

No. 00-1235.

240 F.3d 251 (2001)

HUNT MASTERS, INCORPORATED, d/b/a Charleston Crab House, Plaintiff-Appellant, v. LANDRY'S SEAFOOD RESTAURANT, INCORPORATED, a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: February 15, 2001.

Attorney(s) appearing for the Case

ARGUED: Morris Dawes Cooke, Jr., Barnwell, Whaley, Patterson & Helms, L.L.C., Charleston, SC, for Appellant.

William Fitts Ryan, Jr., Whiteford, Taylor & Preston, L.L.P., Baltimore, MD, for Appellee.

ON BRIEF: Wendy Raina Johnson Keefer, B. Craig Killough, Barnwell, Whaley, Patterson & Helms, L.L.C., Charleston, SC, for Appellant.

Steven E. Tiller, Whiteford, Taylor & Preston, L.L.P., Baltimore, MD; W. Jefferson Leath, Jr., Leath, Bouch & Crawford, L.L.P., Charleston, SC, for Appellee.

Before WILKINSON, Chief Judge, WILLIAMS, Circuit Judge, and MAGILL, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.

Affirmed by published opinion. Senior Judge MAGILL wrote the opinion, in which Chief Judge WILKINSON and Judge WILLIAMS joined.

OPINION

MAGILL, Senior Circuit Judge:

Hunt Masters, Inc. ("Hunt"), the operator of the Charleston Crab House restaurant, seeks to enjoin Landry's Seafood Restaurant, Inc. from operating a similar establishment in Charleston under the name "The Crab House." Hunt asserts that Landry's use of the term "crab house" infringes...

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