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MISTER DONUT OF AMERICA, INC. v. MR. DONUT, INC.

Nos. 22116 and 22116-A.

418 F.2d 838 (1969)

MISTER DONUT OF AMERICA, INC., Plaintiff-Appellant, v. MR. DONUT, INC., et al., Defendants-Appellees. MR. DONUT, INC., et al., Plaintiff-Appellants, v. MISTER DONUT OF AMERICA, INC., Defendant-Appellee.

United States Court of Appeals Ninth Circuit.

December 4, 1969.

Attorney(s) appearing for the Case

David Wolf (argued), of Wolf, Greenfield & Hieken, Boston, Mass., Leonard H. Monroe, Los Angeles, Cal., for plaintiff-appellant Mister Donut of America, Inc.

Francis A. Utecht (argued), of Fulwider, Patton, Rieber, Lee & Utecht, Long Beach, Cal., for defendant-appellee Mr. Donut, Inc.

Before HAMLEY and BROWNING, Circuit Judges, and McNICHOLS, District Judge.

McNICHOLS, District Judge.

Appellant brought suit in the District Court alleging trademark infringement. Appellee answered and counterclaimed alleging fraud in the procurement of the trademark registration, and seeking both injunctive relief and attorney's fees. The trial court found against each party on the merits and dismissed both the complaint and counterclaim with prejudice. This appeal and cross-appeal were thereupon perfected.

Jurisdiction below was...

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