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NORM THOMPSON OUTFITTERS, INC. v. GENERAL MOTORS CORP.

No. 24931.

448 F.2d 1293 (1971)

NORM THOMPSON OUTFITTERS, INC., an Oregon corporation, Appellant, v. GENERAL MOTORS CORPORATION, a Delaware corporation, Appellee.

United States Court of Appeals, Ninth Circuit.

September 24, 1971.

Attorney(s) appearing for the Case

J. Pierre Kolisch, John W. Stuart, of Kolisch & Hartwell, Portland, Or., for appellant.

George L. Wagner, of McColloch, Dezendorf, Spears & Lubersky, Portland, Or., for appellee.

Before HAMLEY, CARTER and CHOY, Circuit Judges.

CHOY, Circuit Judge:

Norm Thompson Outfitters, Inc., an Oregon Corporation, sued General Motors Corporation, a Delaware corporation, for an injunction and damages charging unfair competition arising from the use by General Motors of the slogan "Escape From The Ordinary" in promoting sales of Oldsmobile automobiles. The District Court found that under the common law of Oregon (this being a case of diversity) the slogan is not a valid trademark and there was no unfair...

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