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NEW WEST CORP. v. NYM CO. OF CAL., INC.

No. 76-3234.

595 F.2d 1194 (1979)

The NEW WEST CORPORATION, a California Corporation, d/b/a New West, Plaintiff-Appellant, v. NYM COMPANY OF CALIFORNIA, INC., a California Limited Partnership, d/b/a New West Magazine, Defendant-Appellee. NYM COMPANY OF CALIFORNIA, a California Limited Partnership, d/b/a New West Magazine, Counterclaimant, v. The NEW WEST CORPORATION, a California Corporation, Counterdefendant.

United States Court of Appeals, Ninth Circuit.

May 1, 1979.

Attorney(s) appearing for the Case

Keith D. Beecher, Los Angeles, Cal., for plaintiff-appellant.

Kenneth E. Kulzick, Lawrence W. Dam, Los Angeles, Cal., for defendant-appellee.

Before KILKENNY and ANDERSON, Circuit Judges, and SOLOMON, District Judge.

KILKENNY, Circuit Judge:

This is an appeal from a judgment in a trade-mark case in favor of appellee NYM Company of California, Inc. (NYM) on cross-motions for summary judgment. After finding that there was no genuine issue of material fact, the district court concluded that NYM had established its ownership rights in the trade name and trade-mark "New West" as the title of its magazine and that appellant, The New West Corporation's (NWC) use of the name "New West...

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