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COMIDAS EXQUISITOS, INC. v. O'MALLEY & McGEE'S, INC.

Nos. 85-1323, 85-1373.

775 F.2d 260 (1985)

COMIDAS EXQUISITOS, INC., Appellant, v. O'MALLEY & McGEE'S INC., formerly d/b/a Carlos McGee's Mexican Cafe, Inc., Appellee. COMIDAS EXQUISITOS, INC., Appellee, v. O'MALLEY & McGEE'S INC., formerly d/b/a Carlos McGee's Mexican Cafe, Inc., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 18, 1985.

Attorney(s) appearing for the Case

H. Robert Henderson, Des Moines, Iowa, for appellant.

Bruce W. McKee, Des Moines, Iowa, for appellee.

Before HEANEY, JOHN R. GIBSON, and FAGG, Circuit Judges.

FAGG, Circuit Judge.

Comidas Exquisitos, Inc. (Comidas) appeals from the district court's judgment in favor of the defendant O'Malley & McGee's (O'Malley) on Comidas' claim of trademark infringement under the Lanham Act, 15 U.S.C. § 1114. O'Malley cross-appeals from the district court's dismissal of its counterclaim for unfair competition. We affirm.

Trademark Infringement Claim

Comidas is the registered owner of the trademark Carlos McGee...

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