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SUMMIT MACH. TOOL MFG. v. VICTOR CNC SYSTEMS

No. 91-55993.

7 F.3d 1434 (1993)

SUMMIT MACHINE TOOL MANUFACTURING CORP., Plaintiff-Appellant, v. VICTOR CNC SYSTEMS, INC.; Machinery Trade Center, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 25, 1993.

Attorney(s) appearing for the Case

David Jacobs, Coudert Brothers, Los Angeles, CA, for plaintiff-appellant.

Paul A. Larsen, Ku & Fong, Los Angeles, CA, for defendant-appellee.

Before: HUG, FERGUSON and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We are called upon to decide, in this unfair competition case involving industrial machine tools, whether the "bodily appropriation" standard applies to a Lanham Act claim.

I

Summit Machine Tool Manufacturing Corporation ("Summit"), an Oklahoma corporation, designs, builds, and markets industrial machine tools. In 1986, Summit entered into a contract with Zhenjiang Machine Tool Works ("ZMTW"), a Chinese manufacturer, to...

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