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SAUL ZAENTZ CO. v. WOZNIAK TRAVEL, INC.

No. C 06-5421 MHP.

627 F.Supp.2d 1096 (2008)

The SAUL ZAENTZ COMPANY d/b/a/ Tolkien Enterprises, Plaintiff, v. WOZNIAK TRAVEL, INC., Defendant.

United States District Court, N.D. California.

July 29, 2008.

Attorney(s) appearing for the Case

Jeffrey E. Faucette, Martin R. Glick, Sarah Jean Givan, Blake Justin Lawit, Howard Rice Nemerovski Canady Falk & Rab, San Francisco, CA, for Plaintiff.

Dean C. Eyler, Jeremy L. Johnson, Norman M. Abramson, Laura J. Hein, Jennifer J. Olson, Gray, Plant, Mooty, Mooty & Bennett, P.A., Minneapolis, MN, Jeffrey G. Knowles, Coblentz, Patch, Duffy & Bass, San Francisco, CA, Minneapolis, MN, for Defendant.

MEMORANDUM & ORDER

MARILYN HALL PATEL, District Judge.

Defendant Wozniak Travel, Inc. ("Wozniak Travel") has operated, since 1976, a Minnesota-based travel agency named "Hobbit Travel." Plaintiff, Saul Zaentz Company d/b/a Tolkien Enterprises ("Tolkien Enterprises"), owns the right to use and license others to use marks related to novelist J.R.R. Tolkien's books The Hobbit, first published in the United States in 1938, and its sequel

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