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CASTLE & COOKE, INC. v. WILLIAMS

Nos. 71-2872, 71-3063.

496 F.2d 857 (1974)

CASTLE & COOKE, INC., Plaintiff-Appellant, v. Donald H. WILLIAMS, Individually, and doing business as Deseret Supply Co., Defendants-Appellees. CASTLE & COOKE, INC., Plaintiff-Appellee, v. Donald H. WILLIAMS, Individually, and doing business as Deseret Supply Co., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

April 23, 1974.

Attorney(s) appearing for the Case

Charles E. Wills (argued), of Wills, Green & Mueth, Los Angeles, Cal., Edward G. Fenwick, Jr., of Mason, Fenwick & Lawrence, Washington, D. C., for Castle & Cooke, Inc.

R. Douglas Lyon (argued), of Lyon & Lyon, Los Angeles, Cal., for Donald H. Williams.

Before CHAMBERS and SNEED, Circuit Judges, and KING, District Judge.

OPINION

CHAMBERS, Circuit Judge:

Castle & Cooke, owner and operator of Bumble Bee Seafoods, brought this action against Williams, doing business as Deseret Supply Company, alleging that several marks used by Deseret on various food products infringed trademarks for which Castle & Cooke held exclusive rights. The district court enjoined Deseret from using its design of a "humanized"1

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