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WHAT-A-BURGER, VA v. WHATABURGER, CORP. CHRIS., TX

No. 03-1517.

357 F.3d 441 (2004)

WHAT-A-BURGER OF VIRGINIA, INCORPORATED; Jack Branch; What-A-Burger of Newport News, Incorporated; Paul Branch, Plaintiffs-Appellees, v. WHATABURGER, INCORPORATED OF CORPUS CHRISTI, TEXAS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 11, 2004.

Attorney(s) appearing for the Case

ARGUED: Hubert Adair Crouch, III, Crouch & Inabnett, L.L.P., Dallas, Texas, for Appellant. Melvin J. Radin, Norfolk, Virginia, for Appellees. ON BRIEF: Stephen E. Story, Shepherd D. Wainger, Kristan B. Burch, Kaufman & Canoles, P.C., Norfolk, Virginia, for Appellant.

Before WILKINS, Chief Judge, and TRAXLER and DUNCAN, Circuit Judges.

Affirmed in part, reversed in part, and remanded by published opinion.

Judge TRAXLER wrote the opinion in which Judge WILKINS and Judge DUNCAN joined.

OPINION

TRAXLER, Circuit Judge:

This appeal presents a dispute between two hamburger restaurant chains operating under similar versions of the name WHATABURGER®, a federally-registered trademark. Appellant Whataburger, Inc., of Corpus Christi, Texas ("Texas WAB"), a Texas corporation with...

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