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FIRST BRANDS CORP. v. FRED MEYER, INC.

No. 85-4146.

809 F.2d 1378 (1987)

FIRST BRANDS CORPORATION, Plaintiff-Appellant, v. FRED MEYER, INC. and BASF Wyandotte Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 6, 1987.

Attorney(s) appearing for the Case

Kenneth R. Umans, Thomas A. Kain, Julie A. Lauber, New York City, for plaintiff-appellant.

Thomas A. Smart, New York City, and Randolph C. Foster, Portland, Or., for defendants-appellees.

Before J. BLAINE ANDERSON, HUG, and CANBY, Circuit Judges.

J. BLAINE ANDERSON, Circuit Judge:

Union Carbide ("Carbide")1 manufactures and sells the nationally known PRESTONE II brand antifreeze. Carbide filed a motion for a preliminary injunction against Fred Meyer, Inc. ("Meyer") and BASF Wyandotte Corporation ("Wyandotte") to prevent them from selling their private label antifreeze in yellow-colored, "F-style" shaped, one gallon jugs. Carbide claims...

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