No. 11-1050.

673 F.3d 294 (2012)

RAY COMMUNICATIONS, INCORPORATED, Plaintiff-Appellant, v. CLEAR CHANNEL COMMUNICATIONS, INCORPORATED; Clear Channel Broadcasting, Incorporated; Katz Media Group, Incorporated; Katz Communications, Incorporated, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: March 8, 2012.

Attorney(s) appearing for the Case

ARGUED: Michael Steven Culver , Millen, White, Zelano & Branigan, PC, Arlington, Virginia, for Appellant. Bart Wescott Huffman , Cox Smith Matthews Incorporated, San Antonio, Texas, for Appellees. ON BRIEF: Marissa Helm , Cox Smith Matthews Incorporated, San Antonio, Texas, for Appellees.

Vacated and remanded by published opinion. Judge DAVIS wrote the opinion, in which Judge KING and Judge GREGORY joined.


DAVIS, Circuit Judge:

Plaintiff-Appellant Ray Communications, Inc. ("RCI") filed this action alleging trademark infringement under Section 32(1) of the Lanham Act, 15 U.S.C. § 1114(1); federal unfair competition under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a); and unfair competition and deceptive trade practices under the North Carolina Unfair and Deceptive Trade Practices Act ("UDTPA"), N.C. Gen.Stat. § 75-1.1, thereby...

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