ENTERPRISES RENT-A-CAR v. ADVANTAGE RENT-A-CAR

No. 02-1444.

330 F.3d 1333 (2003)

ENTERPRISE RENT-A-CAR COMPANY, Appellant, v. ADVANTAGE RENT-A-CAR, INC., Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied: July 9, 2003.


Attorney(s) appearing for the Case

Rudolph A. Telscher, Jr., Harness, Dickey & Pierce, P.L.C., of St. Louis, Missouri, argued for appellant.

William D. Raman, Thompson & Knight LLP, of Austin, Texas, argued for appellee.

Before BRYSON, GAJARSA, and DYK, Circuit Judges.


Rehearing En Banc Denied: July 9, 2003.

DYK, Circuit Judge.

Under the Trademark Amendments Act of 1999 § 2(b), 15 U.S.C. § 1063(a), and the Federal Trademark Dilution Act of 1995 § 3, 15 U.S.C. § 1125(c), the owner of a famous mark can oppose the registration of a diluting mark without establishing likelihood of confusion. This case presents the question whether such an opposition can be maintained when the applicant's mark was used in...

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