U.S. Search, LLC sued U.S. Search.com, Inc.claiming infringement of its trademark. U.S. Search, LLC claimed first use of U.S. Search. It had not registered the mark, but filed a request with the Trademark Office for registration and also sued, demanding that U.S.
Search.com, Inc. not be allowed to have continued use of its registered mark 1-800-US Search. The Trademark Office would not register the mark and the district court held against U.S. Search, LLC, so it appealed. Does it have a good case against U.S. Search.com and 1-800-US Search? [U.S. Search, LCC v. U.S.Search.com, Inc., 300 F.3d 517, 4th Cir. (2002)]