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DEWBERRY ENGINEERS INC. v. DEWBERRY GROUP, INC.

No. 22-1622, No. 22-1845.

77 F.4th 265 (2023)

DEWBERRY ENGINEERS INC., a New York corporation, Plaintiff-Appellee, v. DEWBERRY GROUP, INC., f/k/a Dewberry Capital Corporation, a Georgia corporation, Defendant-Appellant. Dewberry Engineers Inc., a New York corporation, Plaintiff-Appellee, v. Dewberry Group, Inc., f/k/a Dewberry Capital Corporation, a Georgia corporation, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: August 9, 2023.

Attorney(s) appearing for the Case

ARGUED: Gail Ellen Podolsky , CARLTON FIELDS, PA, Atlanta, Georgia, for Appellant. Elbert Lin , HUNTON ANDREWS KURTH, LLP, Richmond, Virginia, for Appellee. ON BRIEF: Daniel Felsen , CARLTON FIELDS, PA, Washington, D.C., for Appellant. Arthur E. Schmalz , Washington, D.C., Stephen P. Demm , Brian A. Wright , David M. Parker , HUNTON ANDREWS KURTH LLP, Richmond, Virginia, for Appellee.

Affirmed by published opinion. Judge Gregory wrote the opinion, in which Judge Thacker joined. Judge Quattlebaum wrote a dissenting opinion.

Two companies that operate in the real estate development industry have spent years embroiled in a dispute over their shared name: "Dewberry." This appeal concerns their latest spat—Dewberry Engineers has sued Dewberry Group to quell the latter's use of several new insignias...

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