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C P INTERESTS INC v. CALIFORNIA POOLS INC

No. 99-21038

238 F.3d 690 (2001)

C P Interests, Inc., doing business as California Pools; California Pool Service; California Pool Repair & Service Co., Plaintiffs-Appellees, v. California Pools Inc., et al., Defendants, California Pools Inc.; California Pools & Spas; California Pools & Spas Inc.; W. Douglas Steimle, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 30, 2001.

Attorney(s) appearing for the Case

Michael P. Lennon (argued), Baker Botts, Houston, TX, for Plaintiffs-Appellees.

Christopher R. Benson (argued), John Craig Cain, Arnold, White & Durkee, Houston, TX, for Defendants-Appellants.

Before DUHÉ, EMILIO M. GARZA and DeMOSS, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Defendant-Appellant California Pools, Inc. appeals the judgment of the district court based on a jury verdict in favor of plaintiff-appellee C.P. Interests, Inc., finding that C.P. Interests had remote junior user rights to the trademark "California Pools" in the Houston area, that California Pools had infringed those rights, and that California Pools had disparaged C.P. Interests. California Pools challenges the finding of business...

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