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N. CAROLINA DAIRY FOUNDATION v. FOREMOST-McKESSON

Docket No. 40485.

92 Cal.App.3d 98 (1979)

154 Cal. Rptr. 794

NORTH CAROLINA DAIRY FOUNDATION, INC., et al., Plaintiffs and Respondents, v. FOREMOST-McKESSON, INC., et al., Defendants and Appellants.

Court of Appeals of California, First District, Division One.

April 19, 1979.

Attorney(s) appearing for the Case

COUNSEL

Flehr, Hohbach, Test, Albritton & Herbert, Milton W. Schlemmer and David J. Brezner for Defendants and Appellants.

Cooper, Taylor, Higbe & Sands, W. Austin Cooper, Barbara E. Schur, William H. Birnie and Warren N. Brakensiek as Amici Curiae on behalf of Defendants and Appellants.

Townsend & Townsend, Anthony B. Diepenbrock, Roger L. Cook and Marvin W. Murray for Plaintiffs and Respondents.

OPINION

RACANELLI, P.J.

Defendants, Foremost-McKesson, Inc. and Weyerhaeuser Company, appeal from an order granting a preliminary injunction in favor of plaintiffs, North Carolina Dairy Foundation, Inc. (Foundation), G.P. Gundlach & Company, and Knudsen Corporation, enjoining defendants from infringing upon plaintiffs' trademark "Sweet Acidophilus" (hereafter "SA") or engaging in any domestic marketing

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