SURGICENTERS OF AMERICA v. MEDICAL DENTAL SURGERIES

No. 77-2490.

601 F.2d 1011 (1979)

SURGICENTERS OF AMERICA, INC., an Arizona Corporation, Plaintiff-Appellant, v. MEDICAL DENTAL SURGERIES, CO., an Oregon Corporation dba Medical Dental Surgicenters, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 22, 1979.


Attorney(s) appearing for the Case

John Moran, Phoenix, Ariz., for plaintiff-appellant.

Paul Gerhardt, Portland, Or., for defendant-appellee.

Before GOODWIN and ANDERSON, Circuit Judges, and JAMESON, District Judge.


JAMESON, District Judge:

Appellant, Surgicenters of America, Inc. (Surgicenters), brought this action against appellee, Medical Dental Surgeries Co., dba Medical Dental Surgicenters (Medical), under the Trademark Act of 1946 as amended, 15 U.S.C. § 1051 et seq., for infringement of its registered service mark, "Surgicenter." The parties filed cross-motions for summary judgment, based upon agreed facts, 45 exhibits, answers to interrogatories, and two depositions...

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