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AMERICAN SCIENTIFIC CHEM. v. AMERICAN HOSP. SUPPLY

No. 81-3282.

690 F.2d 791 (1982)

AMERICAN SCIENTIFIC CHEMICAL, INC., Plaintiff-Appellant, v. AMERICAN HOSPITAL SUPPLY CORP., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 22, 1982.

Attorney(s) appearing for the Case

William H. Drummond, Drummond & Nelson, Phoenix, Ariz., for plaintiff-appellant.

John W. Chestnut, Chicago, Ill., argued for defendant-appellee; Tilton, Fallon, Lungmus & Chestnut, Chicago, Ill., Guy J. Rappleyea, Black, Helterline, Beck & Rappleyea, Portland, Or., on brief.

Before CHOY, TANG and BOOCHEVER, Circuit Judges.

TANG, Circuit Judge:

This is a common law trade name infringement action. Plaintiff-Appellant American Scientific Chemical (American Scientific) sought to enjoin Defendant-Appellee American Hospital Supply Corporation (American Hospital) from changing its division's name to American Scientific Products. The district court found that American Scientific had not acquired secondary meaning in its name and had no legally protectable trademark. American Scientific appeals...

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