MISS UNIVERSE, INC. v. FLESHER

Nos. 77-2435, 77-2710.

605 F.2d 1130 (1979)

MISS UNIVERSE, INC., a California Corp., Plaintiff-Appellee, v. William FLESHER, Fran Flesher, Mel Lynn and Treehouse Fun Ranch, Inc., a California Corp., Defendants-Appellants. MISS UNIVERSE, INC., a California Corp., Plaintiff-Appellant, v. William FLESHER, Fran Flesher, Mel Lynn and Treehouse Fun Ranch, Inc., a California Corp., Defendants-Appellees,

United States Court of Appeals, Ninth Circuit.

October 4, 1979.


Attorney(s) appearing for the Case

Thomas D. Kiley, Lyon & Lyon, Los Angeles, Cal., for defendants-appellants.

Robert E. Hinerfeld, Murphy, Thornton, Hinerfeld & Cahill, Los Angeles, Cal., for plaintiff-appellee.

Before TRASK, KENNEDY and ANDERSON, Circuit Judges.


J. BLAINE ANDERSON, Circuit Judge:

This is an appeal from the grant of a preliminary injunction.1 The district court found that there was inherent confusion of source and dilution of plaintiff's registered marks by the defendants' use of the marks "Miss Nude U.S.A." and "Ms. Nude U.S. A."2 The defendants appeal from the entire injunction. The plaintiff appeals from one portion of the injunction. We find one...

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