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SWATCH AG v. BEEHIVE WHOLESALE, LLC

No. 12-2126.

739 F.3d 150 (2014)

SWATCH AG (Swatch SA) (Swatch Ltd.), Plaintiff-Appellant, v. BEEHIVE WHOLESALE, LLC, a limited liability company, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: January 7, 2014.

Attorney(s) appearing for the Case

ARGUED: Jeffrey A. Lindenbaum , Collen IP, Intellectual Property Law, P.C., Ossining, New York, for Appellant.

William Jerome Utermohlen , Oliff & Berridge, PLC, Alexandria, Virginia, for Appellee.

ON BRIEF: Thomas P. Gulick , Collen IP, Intellectual Property Law, P.C., Ossining, New York, for Appellant.

James A. Oliff , Oliff & Berridge, PLC, Alexandria, Virginia, for Appellee.

Affirmed by published opinion. Judge DUNCAN wrote the opinion, in which Judge NIEMEYER and Judge KING joined.

DUNCAN, Circuit Judge:

Appellant Swatch AG brings this action seeking reversal of the district court's order denying its opposition to appellee Beehive Wholesale, LLC's trademark application and dismissing its related claims for federal, state, and common law trademark infringement, trademark dilution, and unfair competition. Swatch appeals on the ground that the district court's underlying factual findings—that there is no likelihood of confusion between Swatch...

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