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NUTRI/SYSTEM, INC. v. CON-STAN INDUSTRIES, INC.

No. 85-6449.

809 F.2d 601 (1987)

NUTRI/SYSTEM, INC., Plaintiff-Appellant, v. CON-STAN INDUSTRIES, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 4, 1987.

Attorney(s) appearing for the Case

James C. McConnon, Philadelphia, Pa., for plaintiff-appellant.

Mario A. Martella and Maurice B. Pilosof, Los Angeles, Cal., for defendant-appellee.

Before BROWNING, GOODWIN and FARRIS, Circuit Judges.

GOODWIN, Circuit Judge:

Nutri/System, Inc. ("Nutri/System") appeals from a judgment in favor of Con-Stan Industries, Inc. ("Con-Stan") on its suit for service mark infringement.

Nutri/System currently owns some 650 weight loss centers across the United States. The centers offer a weight control program involving diet, exercise, counseling and the use of Nutri/System food products. Nutri/System staffs its centers with managers, weight counselors or salespersons...

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