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FAIR WIND SAILING, INC. v. DEMPSTER

Nos. 13-3305, 14-1572.

764 F.3d 303 (2014)

FAIR WIND SAILING, INC., Appellant v. H. Scott DEMPSTER, Individually and Doing Business as Virgin Islands Sailing School and Virgin Islands Sailing School.

United States Court of Appeals, Third Circuit.

Filed: September 4, 2014.

Attorney(s) appearing for the Case

Michael C. Quinn, Esq. , Stefan B. Herpel, Esq. , [Argued], Gregory H. Hodges, Esq. , Dudley, Topper and Feuerzeig, LLP, St. Thomas, VI, Attorneys for Appellant.

Ravinder S. Nagi, Esq. , Lisa Michelle Kömives, Esq. , [Argued], BoltNagi PC, St. Thomas, VI, Attorneys for Appellees.

Before: RENDELL, FUENTES, and GREENAWAY, JR., Circuit Judges.

OPINION

FUENTES, Circuit Judge:

Fair Wind Sailing, Inc. brought this action against Virgin Island Sailing School ("VISS") and its co-founder Scott Dempster, alleging, in relevant part, that Defendants infringed upon Fair Wind's "trade dress" in violation of the Lanham Act, 15 U.S.C. § 1051 et seq., and unjustly enriched themselves by copying Fair Wind's business. The District Court dismissed Fair Wind's trade dress and unjust enrichment claims...

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