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PARK 'N FLY, INC. v. DOLLAR PARK & FLY, INC.

No. 82-3220.

718 F.2d 327 (1983)

PARK 'N FLY, INC., Plaintiff-Appellee, v. DOLLAR PARK AND FLY, INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 13, 1983.

Certiorari Granted March 5, 1984.

Attorney(s) appearing for the Case

Paul L. Gardner, Beverly Hills, Cal., Spensley, Horn, Jubas & Lubitz, Los Angeles, Cal., for plaintiff-appellee.

J. Pierre Kolisch, Kolisch, Hartwell & Dickinson, Portland, Or., for defendant-appellant.

Before KENNEDY, TANG, and POOLE, Circuit Judges.

Certiorari Granted March 5, 1984. See 104 S.Ct. 1438.

KENNEDY, Circuit Judge:

Dollar Park and Fly, Inc. (Dollar) appeals from a judgment of the district court upholding the validity of the service marks registered by Park 'N Fly, Inc. (Park 'N Fly) and enjoining Dollar's use of the name "Park and Fly." We conclude that although there is insufficient evidence to invalidate Park 'N Fly's service marks, Park 'N Fly is not entitled to the injunctive relief given...

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