SECULAR ORGANIZATIONS FOR SOBRIETY v. ULLRICH

Nos. 98-15143, 98-15317, 98-15407.

213 F.3d 1125 (2000)

SECULAR ORGANIZATIONS FOR SOBRIETY, INC., Plaintiff-counter-defendant-Appellant, v. John E. ULLRICH; Dolly Manzi; Rocky V. Ortega, Defendants-Appellees, Hubert Michael Lenihan; Nancy Clark; SOS West, Secular Organizations for Sobriety, Inc., Defendants-counter-claimants-Appellees. Secular Organizations For Sobriety, Inc., Plaintiff-counter-defendant-Appellee, v. John E. Ullrich; Dolly Manzi; Rocky V. Ortega, Defendants, and Hubert Michael Lenihan; Nancy Clark, Defendants-counter-claimants, v. SOS West, Secular Organizations for Sobriety, Inc., Defendant-counter-claimant-Appellant. Secular Organizations for Sobriety, Inc., Plaintiff-counter-defendant-Appellee, v. John E. Ullrich; Dolly Manzi; Rocky V. Ortega, Defendants, Hubert Michael Lenihan; Nancy Clark, Defendants-counter-claimants, and SOS West, Secular Organizations for Sobriety, Inc., Defendant-counter-claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 25, 2000


Attorney(s) appearing for the Case

James L. Monroe, Canton, New York, for the plaintiff-counter-defendant-appellant-cross-appellee.

Bernard A. Burk, M. Patricia Thayer, Duane R. Valz, Howard, Rice, Nemerovski, Canady, Falk & Rabkin, San Francisco, California, for the defendant-counter-claimant-appellee-cross-appellant.

Before: FLETCHER, CANBY, and O'SCANNLAIN, Circuit Judges.


O'SCANNLAIN, Circuit Judge:

In this trademark case, we must decide whether an organization dedicated to providing a secular alternative for those seeking recovery from alcohol and drug dependency established secondary meaning in its name sufficient to exclude others from using a nearly identical mark.

I

This appeal involves a dispute between parties who assert competing claims for the exclusive right to use the names "Secular Organizations for Sobriety...

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