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ZUMBRO, INC. v. CALIFORNIA NATURAL PRODUCTS

Civ. No. 3-93-715.

861 F.Supp. 773 (1994)

ZUMBRO, INC., Plaintiff, v. CALIFORNIA NATURAL PRODUCTS, and Imagine Foods, Inc., Defendants.

United States District Court, D. Minnesota, Third Division.

August 8, 1994.

Attorney(s) appearing for the Case

Robert T. Edell, Alan W. Kowalchyk, and David K. Tellekson, Merchant, Gould, Edell, Welter & Schmidt, Minneapolis, MN, for plaintiff.

Charlene M. Morrow and David W. Slaby, Fenwick & West, Palo Alto, CA, and Stephen J. Davidson, Leonard, Street & Deinard, Minneapolis, MN, for defendants.

MEMORANDUM OPINION AND ORDER

KYLE, District Judge.

Introduction

Plaintiff Zumbro, Inc. ("Zumbro") commenced this declaratory judgment, interference with business relationships, and trademark infringement action against defendants California Natural Products ("CNP") and Imagine Foods, Inc. ("Imagine"); it seeks, inter alia, a declaration of noninfringement, invalidity, and unenforceability of United States Patent Numbers 4,894,242 ("242 Patent...

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