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STAR-KIST FOODS, INC. v. P.J. RHODES & CO.

No. 83-6134.

735 F.2d 346 (1984)

STAR-KIST FOODS, INC., Plaintiff-Appellee, v. P.J. RHODES & CO., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 25, 1984.

Attorney(s) appearing for the Case

Edward B. Gregg, Menlo Park, Cal., for defendant-appellant.

Andrew Baum, Nims, Howes, Collison & Isner, New York City, for plaintiff-appellee.

Before WALLACE and ALARCON, Circuit Judges, and MARQUEZ, District Judge.

WALLACE, Circuit Judge:

One of the counts Star-Kist Foods, Inc. (Star-Kist) brought against P.J. Rhodes & Company (Rhodes) sought cancellation of a trademark registration, under 15 U.S.C. §§ 1119 and 1064. The district court granted Star-Kist partial summary judgment resolving this issue and directed entry of a final judgment on that count pursuant to Federal Rules of Civil Procedure rule 54(b). We have jurisdiction over Rhodes's timely appeal from the...

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