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AMERICANA TRADING INC. v. RUSS BERRIE & CO.

No. 88-15334.

966 F.2d 1284 (1992)

AMERICANA TRADING INC., doing business as AMTRA, a Connecticut corporation, Plaintiff-Appellant, v. RUSS BERRIE & CO., a New Jersey corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 2, 1992.

Attorney(s) appearing for the Case

John P. Sutton and Maria S. Cefalu, Limbach, Limbach & Sutton, San Francisco, Cal., for plaintiff-appellant.

Dirks B. Foster, John A. Hughes, Townsend and Townsend, San Francisco, Cal., for defendant-appellee.

Before: HALL and WIGGINS, Circuit Judges, and BURNS, District Judge.

CYNTHIA HOLCOMB HALL, Circuit Judge:

Americana Trading ("Amtra") appeals the district court's grant of summary judgment to Russ Berrie & Co. ("Russ") in Amtra's trademark infringement suit against Russ. We reverse and remand for trial.

I

In June 1984, Amtra began selling pairs of stuffed bears under the trademark "Wedding Bears." (Figure 1). Each pair consisted of a teddy bear dressed as a bridegroom...

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