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CARNIVAL BRAND SEAFOOD v. CARNIVAL BRANDS, INC.

No. 98-4126.

187 F.3d 1307 (1999)

CARNIVAL BRAND SEAFOOD COMPANY, Plaintiff-Appellant, v. CARNIVAL BRANDS, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 3, 1999.

Attorney(s) appearing for the Case

Joseph Rodman Steele, Jr., Quarles & Brady, West Palm Beach, FL, James R. Cole, Madison, WI, Kenneth R. Hartmann, Kozyak, Tropin & Throckmorton, Miami, FL, for Plaintiff-Appellant.

Gregory L. Denes, Campbell & Associates, Miami, FL, for Defendant-Appellee.

Before ANDERSON, Chief Judge, MARCUS, Circuit Judge, and MILLS, Senior District Judge.

ANDERSON, Chief Judge:

Carnival Brand Seafood Company ("CBSC") brought this trademark infringement action against Carnival Brands, Inc. ("CBI"). The district court granted summary judgment for defendant CBI on the ground that CBSC had failed to raise a genuine issue of material fact with respect to the likelihood of confusion to the extent of the products as to which CBSC had priority. Plaintiff CBSC now appeals.

I. FACTS

Beginning in 1980, Honduran...

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