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PENN FISHING TACKLE MFG. CO. v. PENCE

No. 74-1182.

505 F.2d 657 (1974)

PENN FISHING TACKLE MFG. CO., Plaintiff-Appellant, v. Paul PENCE and Ken A. MacPike, Individually and d/b/a Penco Tackle Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 20, 1974.

Attorney(s) appearing for the Case

Lynn C. Higby, Panama City, Fla., Zachary T. Wobensmith, II, Zachary T. Wobensmith, III, Philadelphia, Pa., for plaintiff-appellant.

Joe J. Harrell, Norton T. Bond, Pensacola, Fla., for defendants-appellees.

Before BROWN, Chief Judge, and BELL and MORGAN, Circuit Judges.

PER CURIAM:

Plaintiff-appellee brought suit alleging that defendant's use of the name "Penco" on its fishing equipment infringed plaintiff's rights in its trademark "Penn." After a non-jury trial, the district court found no infringement. We affirm.

Our inquiry is limited to whether the lower court's finding is "clearly erroneous." Rule 52(a) Federal Rules of Civil Procedure. The trial court applied the proper legal test, whether use of the allegedly infringing...

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