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ROSENRUIST-GESTAO E SERVICOS v. VIRGIN ENTERPRISES, LTD.

No. 06-1588.

511 F.3d 437 (2007)

ROSENRUIST-GESTAO E SERVICOS LDA, formerly known as Rosenruist-Gestao E Servicos Sociedade Unipessoal LDA, Plaintiff-Appellee, v. VIRGIN ENTERPRISES LIMITED, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 27, 2007.

Attorney(s) appearing for the Case

ARGUED: James Wilson Dabney, Fried, Frank, Harris, Shriver & Jacobson, L.L.P., New York, New York, for Appellant. Douglas Vernon Rigler, Young & Thompson, Arlington, Virginia, for Appellee. ON BRIEF: Darcy M. Goddard, Fried, Frank, Harris, Shriver & Jacobson, L.L.P., New York, New York, for Appellant. Andrew J. Patch, Jeff Goehring, Young & Thompson, Arlington, Virginia, for Appellee.

Before WILKINSON and TRAXLER, Circuit Judges, and WILKINS, Senior Circuit Judge.

Reversed and remanded by published opinion. Judge TRAXLER wrote the majority opinion, in which Senior Judge WILKINS joined. Judge WILKINSON wrote a dissenting opinion.

OPINION

TRAXLER, Circuit Judge.

Rosenruist-Gestao E Servicos LDA ("Rosenruist") is a Portuguese company that seeks to obtain a United States trademark registration and enjoy the benefits that accompany ownership of a registered mark under the Lanham Act. Virgin Enterprises Ltd. ("VEL...

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