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THE LAST BEST BEEF, LLC v. DUDAS

No. 06-2219.

506 F.3d 333 (2007)

THE LAST BEST BEEF, LLC, Plaintiff-Appellee, v. Jonathan W. DUDAS, in his official capacity as Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office; Lynne G. Beresford, in her official capacity as the Commissioner for Trademarks for the United States, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided October 24, 2007.

Attorney(s) appearing for the Case

ARGUED: Joshua Paul Waldman, Civil Division, Appellate Staff, United States Department of Justice, Washington, DC, for Appellants. David M. Monachino, Seyfarth & Shaw, L.L.P., New York, New York, for Appellee. ON BRIEF: Peter D. Keisler, Assistant Attorney General, Washington, DC, Chuck Rosenberg, United States Attorney, Alexandria, Virginia, Scott R. McIntosh, Civil Division, Appellate Staff, United States Department of Justice, Washington, DC, for Appellants. Eddy Salcedo, Seyfarth & Shaw, L.L.P., New York, New York; Alexander X. Jackins, Seyfarth & Shaw, L.L.P., Washington, DC, for Appellee.

Before WILKINSON and KING, Circuit Judges, and FREDERICK P. STAMP, JR., Senior United States District Judge for the Northern District of West Virginia, sitting by designation.

Reversed and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Judge KING and Senior Judge STAMP joined.

OPINION

WILKINSON, Circuit Judge:

We are asked in this case to decide the relationship between the Lanham Act, 15 U.S.C. §§ 1051 et seq. (2000), and Section 206 of the subsequently enacted Science, State, Justice, Commerce, and Related Agencies Appropriations Act of 2006 ("§ 206"), which prohibits...

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