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WHITE SWAN, LTD. v. CLYDE ROBIN SEED CO., INC.

No. C 88-4540 SC.

729 F.Supp. 1257 (1989)

WHITE SWAN, LTD., Plaintiff, v. CLYDE ROBIN SEED COMPANY, INC., Defendant.

United States District Court, N.D. California.

September 8, 1989.

Attorney(s) appearing for the Case

Neil A. Smith and Deborah Bailey-Wells, Limbach, Limbach & Sutton, San Francisco, Cal., for plaintiff.

Harris Zimmerman and Michael J. Cronen, Oakland, Cal., for defendant.

ORDER DENYING MOTION FOR SUMMARY JUDGMENT

CONTI, District Judge.

Plaintiff White Swan, Ltd. ("White Swan") is an Oregon based marketer of garden products. Since May, 1986, White Swan has been marketing a line of flower seeds in a cylindrical, shaker-type container under the mark "SHAKE, SCATTER & GROW."

Defendant Clyde Robin Seed Company ("Clyde Robin") is a competing marketer of flower seed products...

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