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E-SYSTEMS, INC. v. MONITEK, INC.

No. 82-4699.

720 F.2d 604 (1983)

E-SYSTEMS, INC., Appellee, v. MONITEK, INC., Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 25, 1983.

As Amended December 5, 1983.

Attorney(s) appearing for the Case

Malcolm B. Wittenberg, Limbach, Limbach & Sutton, San Francisco, Cal., for appellee.

Paul L. Warner, Horwich & Warner, San Francisco, Cal., for appellant.

Before GOODWIN and HUG, Circuit Judges, and SOLOMON, District Judge.

GOODWIN, Circuit Judge:

E-Systems, Inc., owner of the registered trademark Montek, sued Monitek, Inc., for injunctive and other relief to protect its mark. Monitek counterclaimed for injunctive relief. After a trial in 1982, both sides appealed, and we remanded the case for clarification of the findings and conclusions. This second appeal is from the resulting judgment which ordered Monitek to abandon the Monitek tradename and to abandon its application for further...

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