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JOHN C. FLOOD OF VA., INC. v. JOHN C. FLOOD, INC.

No. 10-7098.

642 F.3d 1105 (2011)

JOHN C. FLOOD OF VIRGINIA, INC., et al., Appellants v. JOHN C. FLOOD, INC., et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 17, 2011.

Attorney(s) appearing for the Case

Stephen J. Zralek argued the cause for appellants. With him on the briefs was Paul W. Kruse .

Robert A.W. Boraks argued the cause for appellees. With him on the brief was Benjamin J. Lambiotte .

Before: SENTELLE, Chief Judge, TATEL, Circuit Judge, and EDWARDS, Senior Circuit Judge.

Opinion for the Court filed by Chief Judge SENTELLE.

SENTELLE, Chief Judge:

Two businesses with nearly identical names—John C. Flood, Inc. ("1996 Flood") and John C. Flood of Virginia, Inc. ("Virginia Flood")—brought suit against each other over which company had the right to use two trademarks: JOHN C. FLOOD and its abridged form FLOOD. The district court concluded that 1996 Flood was the proper owner of the two trademarks and that Virginia...

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