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BEASLEY v. HOWARD

No. 20-1119.

14 F.4th 226 (2021)

David BEASLEY, Appellant v. William H. HOWARD.

United States Court of Appeals, Third Circuit.

Opinion Filed: September 17, 2021.

Attorney(s) appearing for the Case

Martin B. Schwimmer [ARGUED], Leason Ellis, 1 Barker Avenue, 5th Floor, White Plains, NY 10601, John Welch , Wolf Greenfield & Sacks, 600 Atlantic Avenue, Boston, MA 02210, Counsel for Appellant.

Moshe D. Lapin [ARGUED], Suite 840, 300 East Lombard Street, Baltimore, MD 21202, Counsel for Appellee.

Before: CHAGARES, GREENAWAY, JR., and NYGAARD, Circuit Judges.

OPINION OF THE COURT

Musicians David Beasley and William Howard are embroiled in a long-running dispute over the rights to the band name "Ebonys." Beasley filed two petitions before the Trademark Trial and Appeal Board ("TTAB") to cancel Howard's registered THE EBONYS mark. The TTAB dismissed them both. Beasley...

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