Monday, June 16, 2003

Fourth Circuit vacates injunction in fire truck trademark case

In Emergency One, Inc. v. American Fire Eagle Engine Co., Inc., the Fourth Circuit in an opinion by Judge Traxler, joined by Chief Judge Wilkins and Judge Michael, vacated a nationwide injunction issued in favor of the plaintiff in a trademark dispute, concluding that "any injunctive relief to which AFE was entitled was also limited to the
areas where AFE used the mark" because the mark was unregistered and therefore subject to the limitations of a trademark under common law.

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