4th Circ. Revives Preemption Case Against NC Ethanol Law

Law360, New York (June 6, 2013, 9:10 PM EDT) -- The Fourth Circuit on Thursday revived the American Petroleum Institute’s challenge to a North Carolina fuel blending statute, saying the statute may be preempted by the Lanham Act if it restricts the ability of suppliers to control the quality of their trademarked ethanol gas blends.

The unanimous appeals panel shipped the case back to North Carolina district court and ordered it to engage in additional fact-finding as to whether the state’s so-called blending statute — which prevents fuel suppliers from restricting the ability of retailers to...
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