Article: U.S. 4th Circuit: OBX-STOCK v. Bicast, Inc.

Intellectual Property

Trademark infringement

BOTTOM LINE: District court properly granted summary judgment in trademark infringement suit where the mark at issue was purely geographically descriptive and had no secondary meaning.

CASE: OBX-STOCK v. Bicast, Inc., US4th Nos. 06-1769, 06-1887 (decided Feb. 27, 2009) (Judges NIEMEYER, Agee & O'Grady (sitting by designation)).

COUNSEL: Alice Carmichael Richey, K&L Gates, L.L.P., Charlotte, NC, for Appellant/Cross-Appellee. Pamela Anne Bresnahan, Vorys, Sater, Seymour & Pease, Washington, DC, for Appellee/Cross- Appellant.

FACTS: James Douglas, the founder of OBX-Stock, Inc., invented "OBX" as an abbreviation for the "Outer Banks" of North ...

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