SAN JUAN PRODUCTS, INC. v. SAN JUAN POOLS OF KANSAS, INC.

Nos. 85-2413, 86-1258 and 85-2500.

849 F.2d 468 (1988)

SAN JUAN PRODUCTS, INC., Plaintiff-Appellant, v. SAN JUAN POOLS OF KANSAS, INC., a/k/a Free Spirit Pools, Inc.; and Dwight H. Lien, Individually, Defendants-Appellees. SAN JUAN POOLS OF KANSAS, INC., Plaintiff-Appellee, v. SAN JUAN POOLS OF KANSAS, INC., a/k/a Free Spirit Pools, Inc., and Dwight H. Lien, Individually, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

June 13, 1988.


Attorney(s) appearing for the Case

James T. Capretz of Capretz & Kasdan, Irvine, Cal., and Edward L. Brown, Jr., Wichita, Kan. (Alan v. Thaler of Capretz & Kasdan, Irvine, Cal., with them on the briefs), for plaintiff-appellant San Juan Products, Inc.

Alvin D. Herrington of McDonald, Tinker, Skaer, Quinn & Herrington, P.A., Wichita, Kan. (Michael E. Howell, St. Anne, Mo., with him on the brief), for defendants-appellees San Juan Pools of Kansas, Inc. and Dwight H. Lien.

Before SEYMOUR, McWILLIAMS and MOORE, Circuit Judges.


JOHN P. MOORE, Circuit Judge.

This case was filed by San Juan Products, Inc. (San Juan), to vindicate the invasion of its alleged proprietary rights protected by common law and federal trademarks against the defendants, San Juan Pools of Kansas, Inc., and Dwight H. Lien (Lien collectively). In denying all claims and counterclaims, the United States District Court for the District of Kansas characterized the action as a "provocative matter" and awarded defendants all...

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