The creator of the shorthand OBX to denote North Carolina's Outer Banks has lost a trademark infringement claim against a company that used a variation of the abbreviation.
A three-judge panel of the 4th U.S. Circuit Court of Appeals on Friday affirmed a lower court, which tossed the claim by OBX-Stock
Inc. that Bicast Inc. infringed on its trademark when it began
selling stickers with the text "OB Xtreme."
The U.S. District Court in Raleigh, N.C., found in June 2006 that OBX was either generic or a descriptive for North Carolina's 200 miles of barrier islands and was not a valid trademark. The appeals panel agreed.