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J. B. WILLIAMS CO., INC. v. LE CONTE COSMETICS, INC.

No. 73-2470.

523 F.2d 187 (1975)

The J. B. WILLIAMS COMPANY, INC., Plaintiff-Appellant, v. LE CONTE COSMETICS, INC., and Elton C. Toland and Lenore Toland, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

As Revised on Denial of Rehearing September 18, 1975.

Certiorari Denied February 23, 1976.

Attorney(s) appearing for the Case

Charles E. Wills, Los Angeles, Cal. (argued), for plaintiff-appellant.

John E. Kelly, Santa Monica, Cal. (argued), Joseph H. Miller, Jr., Beverly Hills, Cal., for defendants-appellees.

Before ELY and GOODWIN, Circuit Judges, and RENFREW, District Judge.

Certiorari Denied February 23, 1976. See 96 S.Ct. 1110.

OPINION

RENFREW, District Judge:

On May 10, 1972, plaintiff-appellant filed a complaint in two counts against Le Conte Cosmetics, Inc., Elton C. Toland, its principal owner and executive officer, and Lenore Toland, his former wife, for infringement of plaintiff's trademark (15 U.S.C. § 1051 et seq.) and unfair competition. Defendants filed an answer and counterclaims on July 10, 1972, and...

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