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

No. 85-1525.

805 F.2d 920 (1986)

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

United States Court of Appeals, Tenth Circuit.

November 20, 1986.

Attorney(s) appearing for the Case

Robert M. Newbury (Craig S. Fochler and Thomas P. Arden, of Pattishall, McAuliffe & Hofstetter, Chicago, Ill., and Robert R. Mallinckrodt, of Mallinckrodt & Mallinckrodt, Salt Lake City, Utah, with him on briefs), of Pattishall, McAuliffe & Hofstetter, Chicago, Ill., for plaintiff-appellant.

Richard D. Seibel (R. William Johnston, of Christie, Parker & Hale, Pasadena, Cal., with him on brief), of Christie, Parker & Hale, Pasadena, Cal., for defendant-appellee.

Before SEYMOUR, McWILLIAMS and TACHA, Circuit Judges.

TACHA, Circuit Judge.

This is the second appeal in this case involving an alleged trademark infringement. In the first appeal, this court reversed the district court's dismissal of the action and remanded for reconsideration on the issue of the likelihood of confusion between the two trademarks. In the present appeal, we again review the district court's determination that there is no likelihood of confusion between the two marks.

Beer Nuts, Inc. (Beer Nuts...

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