LINDY PEN CO., INC. v. BIC PEN CORP.

No. 84-6324.

796 F.2d 254 (1986)

LINDY PEN CO., INC. and Blackfeet Plastics, Inc., Plaintiffs-Appellants, v. BIC PEN CORPORATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 31, 1986.


Attorney(s) appearing for the Case

Thomas A. Turner, Beverly Hills, Cal., for plaintiffs-appellants.

Thomas F. Reddy, New York City, for defendant-appellee.

Before HUG and FLETCHER, Circuit Judges, and INGRAM, District Judge.


FLETCHER, Circuit Judge:

Plaintiff Lindy Pen Co. (Lindy) appeals the district court's second dismissal of its claim against Bic Pen Corp. (Bic) for trademark infringement. On remand from this court, the district court made new findings of fact and concluded there was no likelihood of confusion of Lindy's and Bic's "Auditors" pens in the telephone sales market. We reverse and remand to the district court for issuance of an...

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