EL ENCANTO, INC. v. HATCH CHILE COMPANY, INC.

No. 15-2012.

825 F.3d 1161 (2016)

EL ENCANTO, INC.; Hatch Chile Association, Petitioners-Appellants, v. HATCH CHILE COMPANY, INC.; Mizkan Americas, Inc., the successor in interest to Border Foods, Inc., Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

June 17, 2016.


Attorney(s) appearing for the Case

Martha L. Fitzgerald , Brownstein Hyatt Farber Schreck, LLP, Denver, Colorado ( Eric R. Burris and Nury H. Yoo , Brownstein Hyatt Farber Schreck, LLP, Albuquerque, New Mexico, with her on the briefs), for Petitioners-Appellants.

Nickay B. Manning , Law Office of Nickay B. Manning, LLC, Corrales, New Mexico ( Ross B. Perkal and Kevin Lynn Wildenstein , Southwest Intellectual Property Services, LLC, Albuquerque, New Mexico, and Rita M. Haeusler , Hughes Hubbard & Reed, Los Angeles, California, on the briefs), for Respondents-Appellees.

Before GORSUCH, EBEL, and BACHARACH, Circuit Judges.


The Hatch Valley may be to chiles what the Napa Valley is to grapes. Whether it's the soil, the desert's dry heat, or the waters of the Rio Grande, the little town of Hatch, New Mexico, and its surroundings produce some of the world's finest chile peppers. Just ask any of the 30,000 people

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