No. 80-4376.

692 F.2d 1250 (1982)

The COCA-COLA COMPANY, a corporation, Plaintiff-Appellee, v. OVERLAND, INC., doing business as Topaz Lodge and Casino, and R.H. Hobson, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided November 18, 1982.

Attorney(s) appearing for the Case

Glade L. Hall, Ltd., Reno, Nev., for defendants-appellants.

Elmer Wm. Hanak, III, Atlanta, Ga., argued for plaintiff-appellee; Albert F. Pagni, Vargas & Bartlett, Reno, Nev., John N. Hauser, San Francisco, Cal., on brief.

Before CHOY and WALLACE, Circuit Judges, and EAST, District Judge.

CHOY, Circuit Judge:

The Coca-Cola Company sued for injunctive relief charging Overland, Inc. with trademark infringement and unfair competition in violation of the Lanham Trade-Mark Act (Lanham Act), 15 U.S.C. § 1051 et seq.1 Overland denied liability and counterclaimed charging Coca-Cola with using trademark-infringement suits as a means of attempting to monopolize the soft-drink...

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