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BETTERBOX COMMUNICATIONS v. BB TECHNOLOGIES

No. 01-2456.

300 F.3d 325 (2002)

BETTERBOX COMMUNICATIONS LTD v. BB TECHNOLOGIES, INC.; Black Box Corporation, Appellants.

United States Court of Appeals, Third Circuit.

Filed: August 13, 2002.

Attorney(s) appearing for the Case

Antoinette R. Stone (argued), Ellen E. Farina, Buchanan Ingersoll, P.C., Philadelphia, PA, Michael L. Dever, Bryan H. Opalko, Buchanan Ingersoll, P.C., Pittsburgh, PA, for appellants.

Mark Schonfeld (argued), Hillel I. Parness, Brown Raysman Millstein Felder & Steiner, LLP, New York, NY, for appellee.

BEFORE: NYGAARD, ALITO, and ROSENN, Circuit Judges.

OPINION OF THE COURT

ALITO, Circuit Judge.

This is an appeal in a declaratory judgment action commenced by Betterbox Communications, Ltd. ("Betterbox"), against Black Box Corporation ("Black Box") and a wholly owned subsidiary. Betterbox and Black Box sell competing computer-related products through catalog marketing. In 1995, Betterbox, a British company, applied to the United States Patent and Trademark Office ("PTO") for trademark registration based on...

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