STEPHEN W. BONEY, INC. v. BONEY SERVICES, INC.

Nos. 96-55469, 96-55576.

127 F.3d 821 (1997)

STEPHEN W. BONEY, INC., Plaintiff-Appellee, v. BONEY SERVICES, INC., Defendant-Appellant. STEPHEN W. BONEY, INC., Plaintiff-Appellant, v. BONEY SERVICES, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Resubmitted September 23, 1997.

Decided September 30, 1997.


Attorney(s) appearing for the Case

Janice P. Brown and J. Scott Scheper, Seltzer, Caplan, Wilkins & McMahon, San Diego, California, for defendant-appellant-cross-appellee.

Henry G. Kohlmann, Arter & Hadden, Irvine, California, for plaintiff-appellee-cross-appellant.

Before: BROWNING, FLETCHER and KOZINSKI, Circuit Judges.


FLETCHER, Circuit Judge:

This case pits brother against brother in a battle for the family name. Tragically, we must resolve this family feud, though we suspect there is no real winner.

Steve Boney, through his corporate alterego Stephen W. Boney, Inc. ("SWB"), sued his brothers Stan and Scott Boney, through their corporate alter-ego Boney Services, Inc. ("BSI"), for trademark, trade name, and trade dress infringement. The district court granted summary judgment...

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