Nos. 72-1266, 72-1415.

486 F.2d 1087 (1973)

John A. BELCHER, etc., Plaintiff-Appellee, v. Irving TARBOX et al., Defendant-Appellant. John A. BELCHER, etc., Plaintiff-Cross Appellant, v. Irving TARBOX et al., Defendant-Cross Appellee.

United States Court of Appeals, Ninth Circuit.

November 7, 1973.

Attorney(s) appearing for the Case

Howard R. Harris (argued), National City, Cal., for appellant.

Neil F. Martin (argued), San Diego, Cal., Robert M. Angus, Burnsville, Minn., for appellee.

Before DUNIWAY and WALLACE, Circuit Judges, and SCHNACKE, District Judge.

SCHNACKE, District Judge:

Plaintiff and defendant1 are engaged in the business of publishing handicapping systems for betting on horse races. Plaintiff issues his formulations separately; defendant periodically issues a magazine or book containing reprints of a number of such formulations. Six of plaintiff's were so reprinted, and plaintiff brought this action for infringement of his copyrights, trademarks and trade names. The court below...

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