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DORPAN, S.L. v. HOTEL MELIÁ, INC.

No. 12-1679.

728 F.3d 55 (2013)

DORPAN, S.L., Plaintiff, Appellee, v. HOTEL MELIÁ, INC., Defendant, Appellant, Sol Meliá, S.A.; Desarrolladora Del Norte, S. En C., S.E., d/b/a Gran Meliá Puerto Rico Resort & Villas, Defendants, Appellees.

United States Court of Appeals, First Circuit.

August 28, 2013.

Attorney(s) appearing for the Case

Jairo A. Mellado-Villarreal , with whom Roxana Aquino-Segarra , Liza M. Delgado-González , and Mellado & Mellado-Villarreal were on brief, for appellant.

Federico Calaf Legrand , with whom Carla Calaf García , Reichard & Calaf, P.S.C., Angel R. Rotger Sabat , and Maymí & Rivera-Fourquet, P.S.C. were on brief, for appellees.

Before TORRUELLA, SELYA and LIPEZ, Circuit Judges.

LIPEZ, Circuit Judge.

This trademark infringement case is a dispute between two hotels over the right to use the mark "Meliá" in Puerto Rico. Defendant-appellant Hotel Meliá, Inc. ("HMI") has operated the Hotel Meliá in Ponce, Puerto Rico for more than a century, but has never registered that mark with the United States Patent and Trademark Office ("USPTO"). Plaintiff-appellee Dorpan has held several registered marks using the name "Meliá" since...

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