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E. & J. GALLO WINERY v. GALLO CATTLE CO.

No. 89-16271.

955 F.2d 1327 (1992)

E. & J. GALLO WINERY, a California corporation, Plaintiff-counter-defendant-Appellee, v. GALLO CATTLE COMPANY; Michael D. Gallo; Joseph Gallo, Defendants-counter-claimants-Appellants, v. Ernest GALLO; Julio Gallo, Counter-defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 7, 1992.

Attorney(s) appearing for the Case

Roy G. Weatherup, Haight, Brown & Bonesteel, Santa Monica, Cal., for defendants-counter-claimants-appellants.

Patrick Lynch, O'Melveny & Meyers, Los Angeles, Cal., for plaintiff-counter-defendant-appellee.

Before TANG, FLETCHER and REINHARDT, Circuit Judges.

FLETCHER, Circuit Judge:

Defendant/Counterclaimant Joseph E. Gallo ("Joseph") appeals. Plaintiff/Counterdefendant E. & J. Gallo Winery ("the Winery"), owned by Joseph's older brothers Ernest and Julio Gallo, initially brought a trademark infringement action against Joseph for the use of the name GALLO on retail packages of cheese. Joseph counter-claimed against the Winery and Ernest and Julio, asserting that he had inherited a one-third ownership interest in the...

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