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ALPHA INDUSTRIES v. ALPHA STEEL, ETC.

No. 78-2092; CV 77-0221-IH.

616 F.2d 440 (1980)

ALPHA INDUSTRIES, INC., Plaintiff-Appellant, v. ALPHA STEEL TUBE & SHAPES, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

April 4, 1980.

Attorney(s) appearing for the Case

Thomas N. Young, Troy, Mich. (argued), for plaintiff-appellant; Thomas P. Mahoney, Santa Monica, Cal., Krass & Young, Troy, Mich., on brief.

Marvin Jubas (argued), Spensley, Horn, Jubas & Lubitz, Los Angeles, Cal., on brief for defendant-appellee.

Before WALLACE and TANG, Circuit Judges, and HANSON, District Judge.

TANG, Circuit Judge:

This is an action for trademark and tradename infringement (15 U.S.C. § 1051 et seq.), unfair competition, and false designation of origin under 15 U.S.C. § 1125(a). Plaintiff-Appellant Alpha Industries, Inc. ("Alpha Industries" or "Appellant") sought to have Defendant-Appellee Alpha Steel Tube and Shapes, Inc. ("Alpha Tube" or "Appellee") enjoined from using the name and mark ALPHA and all confusingly similar designations. The...

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