OBX-Stock created OBX as an abbreviation for the Outer Banks of North Carolina. OBX-Stock used OBX on

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OBX-Stock created OBX as an abbreviation for the Outer Banks of North Carolina. OBX-Stock used OBX on oval stickers for cars and applied OBX to souvenirs sold in stores at the Outer Banks. The company obtained trademark registration for OBX for a range of goods and services. In practice, OBX was widely used by many businesses that advertise their Outer Banks location. Bicast began to sell stickers printed with "OB Xtreme." OBX-Stock sued Bicast for trademark infringement. The district court held for Bicast, finding that OBX was either a generic mark or a descriptive mark without secondary meaning and so was not valid. OBX-Stock appealed. What would support OBX-Stock's position? [OBX-Stock, Inc. v. Bicast, Inc., 558 F.3d 334 (4th Cir., 2009)]

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The Legal Environment of Business

ISBN: 978-0538473996

11th Edition

Authors: Roger E Meiners, Al H. Ringleb, Frances L. Edwards

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