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BEER NUTS, INC. v. CLOVER CLUB FOODS CO.

No. NC 79-82J.

605 F.Supp. 855 (1985)

BEER NUTS, INC., Plaintiff, v. CLOVER CLUB FOODS COMPANY, Defendant.

United States District Court, D. Utah, C.D.

March 12, 1985.

Attorney(s) appearing for the Case

Robert Mallinckrodt, Salt Lake City, Utah, Robert M. Newbury, Chicago, Ill., for plaintiff.

R. William Johnston, Pasadena, Cal., for defendant.

MEMORANDUM OPINION

JENKINS, Chief Judge.

This is an action for trademark infringement under the Lanham Act, 15 U.S.C. § 1114 (1976). Beer Nuts, Inc., asserts that the defendant Clover Club Food Company's use of the term BREW NUTS and a drawing of an overflowing stein on a package of sweetened and salted peanuts infringes the plaintiff's registered trademark BEER NUTS ®. After a trial on the merits, this court ruled that because there was no likelihood...

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