No. 19-1349, No. 20-1087.

996 F.3d 1038 (2021)

Erik M. UNDERWOOD, a Colorado, resident, and MY24HourNews.Com, Inc., a Colorado corporation, Plaintiffs-Appellants, v. BANK OF AMERICA CORPORATION, a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Filed April 30, 2021.

Attorney(s) appearing for the Case

Marc A. Goldman , Massey & Gail, Washington, D.C., ( Harold R. Bruno III , and Nicholas F. Labor , Robinson Waters & O'Dorisio, P.C., Denver, Colorado, with him on the briefs) for Plaintiffs-Appellants.

David H. Bernstein , ( Jeremy Feigelson , Jared I. Kagan , and Alexandra P. Swain , with him on the brief), Debevoise & Plimpton LLP, New York, New York, for Defendant-Appellee.

Before MATHESON, EBEL, and MORITZ, Circuit Judges.

Erik Underwood and My24HourNews.Com, Inc., ("Mr. Underwood" or the "Plaintiffs"), own two putative service marks: "E.R.I.C.A." and "my24erica.com." Mr. Underwood claims to have used these marks in his business, which offers internet-based search engine and personal assistant services. Bank of America Corporation ("BofA"...

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