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E. & J. GALLO WINERY v. GALLO CATTLE CO.

No. 89-16271.

967 F.2d 1280 (1992)

E. & J. GALLO WINERY, a California corporation, Plaintiff-counter-defendant-Appellee, v. GALLO CATTLE COMPANY; Michael D. Gallo; Joseph Gallo, Defendants-counter-claimants-Appellants, v. Ernest GALLO; Julio Gallo, Counter-defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 7, 1992.

As Amended on Denial of Rehearing and Rehearing June 22, 1992.

Attorney(s) appearing for the Case

Roy G. Weatherup, Haight, Brown & Bonesteel, Santa Monica, Cal., for defendants-counter-claimants-appellants.

Patrick Lynch, O'Melveny & Meyers, Los Angeles, Cal., for plaintiffs-counter-defendants-appellees.

Before: TANG, FLETCHER, and REINHARDT, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc June 22, 1992.

FLETCHER, Circuit Judge:

Defendant/Counterclaimant Joseph E. Gallo ("Joseph") appeals. Plaintiff/Counterdefendant E. & J. Gallo Winery ("the Winery"), owned by Joseph's older brothers Ernest and Julio Gallo, initially brought a trademark infringement action against Joseph for the use of the name GALLO on retail packages of cheese. Joseph counterclaimed against the Winery and Ernest...

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