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LINDY PEN CO. INC. v. BIC PEN CORP.

Nos. 90-55248, 90-55249.

982 F.2d 1400 (1993)

LINDY PEN COMPANY, INC.; Blackfeet Plastics, Inc., Plaintiffs-Appellants, Cross-Appellees, v. BIC PEN CORPORATION, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 14, 1993.

Attorney(s) appearing for the Case

Thomas A. Turner, Jr., Los Angeles, CA, for plaintiffs-appellants, cross-appellees.

Jonathan A. Marshall, Rory J. Radding, Thomas A. Canova, Thomas F. Reddy, Jr., Pennie & Edmonds, New York City, Frederick A. Lorig, Bright & Lorig, Los Angeles, CA, for defendant-appellee, cross-appellant.

Before: SNEED and D.W. NELSON, Circuit Judges, and ROLL, District Judge.

ROLL, District Judge:

This trademark infringement case brought by Lindy Pen Company, Inc. against Bic Pen Corporation returns to this court for the third time seeking review of the district court's damages order upon remand. For the reasons set forth below, we affirm the decision of the district court and deny Bic's cross-appeal.

INTRODUCTION

The origins of this case go back to the mid-1960s when Appellant Lindy Pen Company1

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