CALIFORNIA COOLER v. LORETTO WINERY, LTD.

No. 84-2742.

774 F.2d 1451 (1985)

CALIFORNIA COOLER, INC., Plaintiff-Appellee, v. LORETTO WINERY, LTD. and APAM, Inc., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided October 28, 1985.


Attorney(s) appearing for the Case

D. Richard Urdan, Mathan Lane, III, Graham & James, San Francisco, Cal., James M. Amend, Michael S. Walsh, Kirkland & Ellis, Chicago, Ill., for plaintiff-appellee.

Ernest H. McCoy, Bruce & McCoy, William J. Murray, Belzer, Jackl, Katzen, Hulchiy & Murray, Oakland, Cal., for defendants-appellants.

Before GOODWIN, HUG, and SCHROEDER, Circuit Judges.


SCHROEDER, Circuit Judge.

This is a trademark action. Loretto Winery appeals from an order of the district court preliminarily enjoining it from, inter alia, using the name "California Special Cooler" or any other name confusingly similar to "California Cooler." California Cooler is the name of the product marketed by plaintiff-appellee, California Cooler, Inc. Because we reject Loretto's novel contention that California Cooler is estopped to maintain this...

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