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TONKA CORP. v. TONK-A-PHONE, INC.

No. 86-5056.

805 F.2d 793 (1986)

TONKA CORPORATION, Appellee, v. TONK-A-PHONE, INC., Robert Albertson, d/b/a Tonka Tools, Inc., Appellants.

United States Court of Appeals, Eighth Circuit.

Decided November 17, 1986.

Rehearing Denied December 29, 1986.

Attorney(s) appearing for the Case

Richard O. Bartz, Minneapolis, Minn., for appellants.

D. Randall King, St. Paul, Minn., for appellee.

Before McMILLIAN and ARNOLD, Circuit Judges, and NICHOL, District Judge.

PER CURIAM.

Tonk-A-Phone, Inc., Tonka Tools, Inc. and Robert V. Albertson (hereafter appellants or Tonk-A-Phone) appeal from final judgment entered against them by the District Court1 for the District of Minnesota in an action brought by Tonka Corporation (hereafter Tonka Toys) for trademark infringement. Tonka Toys claimed that appellants' use of the name "Tonk-A-Phone" on pay telephones and their use of the "Tonka" mark was so similar...

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