Tabberone is pronounced tab ber won |
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What-A-Burger of Virginia, Inc. v. Whataburger, Inc. of Corpus Christi, Texas, 357 F.3d 441 (4th Cir. 2004) In reversing the lower court's findings of laches and acquiescence, the Fourth Circuit noted that there was no likelihood of confusion between the marks (WHATABURGER and WHAT-A-BURGER) because the parties used the marks in distinct geographical markets. Thus, an infringement claim cannot be barred by laches or acquiescence until one party shows a likelihood of entering the other's territory and thereafter delays in enforcing its rights. |