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LINDY PEN CO., INC. v. BIC PEN CORP.

No. 82-6053.

725 F.2d 1240 (1984)

LINDY PEN COMPANY, INC., and Blackfeet Plastics, Inc., Plaintiffs-Appellants, v. BIC PEN CORPORATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 16, 1984.

Attorney(s) appearing for the Case

Stephen R. Smith, Morgan, Finnegan, Pine, Foley & Lee, New York City, Thomas A. Turner, Jr., Seymour A. Scholnick, Beverly Hills, Cal., for plaintiffs-appellants.

Thomas F. Reddy, Jr., Pennie & Edmonds, New York City, for defendant-appellee.

Before HUG and FLETCHER, Circuit Judges, and INGRAM, District Judge.

FLETCHER, Circuit Judge:

Lindy Pen Company, owner of a trademark registration for the word "Auditor's" in connection with ballpoint pens, sued Bic Pen Corporation for trademark infringement, unfair competition, breach of contract and trademark dilution. After a bench trial limited to the issues of liability, the district court entered judgment for Bic on all claims. Lindy Pen Co. v. Bic Pen Corp., 550 F.Supp. 1056. Lindy...

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