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CALIFORNIA CEDAR PRODUCTS v. PINE MOUNTAIN CORP.

Nos. 83-5589, 83-5617.

724 F.2d 827 (1984)

CALIFORNIA CEDAR PRODUCTS COMPANY, and Duraflame, Inc., Plaintiffs-Appellees, v. PINE MOUNTAIN CORPORATION, Defendant-Appellant. CALIFORNIA CEDAR PRODUCTS COMPANY, and Duraflame, Inc., Plaintiffs-Appellees, v. CONSUMER CHEMICAL CORPORATION, LTD., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 25, 1984.

Attorney(s) appearing for the Case

Martin Horn, Spensley, Horn, Jubas & Lubitz, Los Angeles, Cal., Douglas E. Olson, Lyon & Lyon, Los Angeles, Cal., for plaintiffs-appellees.

H. Michael Brucker, Oakland, Cal., for defendant-appellant.

Before SWYGERT, TANG and REINHARDT, Circuit Judges.

TANG, Circuit Judge:

Pine Mountain Corporation (Pine Mountain) and Consumer Chemical Corporation Ltd. (Consumer Chemical) appeal the district court's grant of a preliminary injunction restraining their use of the trademark "Duraflame" in the marketing of artificial firelogs. They contend that the district court applied erroneous legal standards regarding trademark abandonment and appropriation in finding that California Cedar Products Company (California Cedar) is...

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