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ISLAND INSTEEL SYSTEMS, INC. v. WATERS

No. 00-2713.

296 F.3d 200 (2002)

ISLAND INSTEEL SYSTEMS, INC.; Island Insteel Construction, Inc.; Peter W. Clark; The Peter W. Clark Family Trust; Alan R. Feuerstein, Appellants, v. Darrin WATERS; Tammy Waters; Tammy Most; Panels, Inc.; Concrete Panels Construction, Inc.; Pool Villas Condominium Association, an Unincorporated Association under the Laws of the United States Virgin Islands; unknown Defendants A through Z.

United States Court of Appeals, Third Circuit.

Filed July 17, 2002.

Attorney(s) appearing for the Case

Alan R. Feuerstein (argued), Feuerstein & Smith, LLP, Buffalo, NY, for appellants.

James M. Derr (argued), St. Thomas, VI, Danielle C. Comeaux, Hodge & Francois, Charlotte Amalie, St. Thomas, United States Virgin Islands, for appellees.

Before: BECKER, Chief Judge, NYGAARD and COWEN, Circuit Judges.

OPINION OF THE COURT

BECKER, Chief Judge.

In this Lanham Act trademark infringement action, plaintiffs appeal from an order of the District Court of the Virgin Islands granting defendants' motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). Plaintiffs allege that defendants' unauthorized use of their "Insteel" trade name, which refers to a panel system of building construction, violates § 43(a) of the Lanham Act, 15 U.S.C. § 1125...

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