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ECLIPSE ASSOCIATES LTD. v. DATA GENERAL CORP.

No. 88-4306.

894 F.2d 1114 (1990)

ECLIPSE ASSOCIATES LIMITED, Plaintiff-Appellant, v. DATA GENERAL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 26, 1990.

Attorney(s) appearing for the Case

Paul T. Meiklejohn and Michael J. Folise, Seed & Berry, Seattle, Wash., for plaintiff-appellant.

Sewall P. Bronstein, Donald Brown and Ernest V. Linek, Dike, Bronstein, Roberts & Cushman, Boston, Mass., for defendant-appellee.

Before HUG, FARRIS and REINHARDT, Circuit Judges.

HUG, Circuit Judge:

In this trademark infringement case, Eclipse Associates Limited ("EAL"), a computer company, appeals the district court's order in favor of Data General Corporation ("Data General") enjoining EAL from using "ECLIPSE" as its trademark and its business name in the United States. The issues are (1) whether the district judge erred in finding there was a likelihood of confusion in EAL's use of ECLIPSE; (2) whether the lack of evidence of actual confusion...

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