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DFS v. DUGGAN'S SERRA MORTUARY, INC.

No. A084038.

95 Cal.Rptr.2d 253 (2000)

80 Cal.App.4th 151

DUGGAN'S FUNERAL SERVICE, INC., Plaintiff, Cross-defendant and Appellant, v. DUGGAN'S SERRA MORTUARY, INC., Defendant, Cross-complainant and Respondent.

Court of Appeals of California, First District, Division Four.

Rehearing Denied May 24, 2000.

Review Denied July 19, 2000.

Attorney(s) appearing for the Case

Bryan, Hinshaw & Barnet, John P. Sutton, Richard M. Bryan, San Francisco, for Appellant.

Townsend and Townsend and Crew LLP, Mark T. Jansen, John A. Hughes, William T. Gallagher, San Francisco, for Respondent.

Certified for Partial Publication.*

REARDON, J.

This is an appeal from summary judgment entered in a trademark infringement and unfair competition case involving funeral businesses owned and operated by relatives of William Duggan, founder of appellant Duggan's Funeral Service, Inc. (DFS). We affirm the judgment in favor of respondent Duggan's Serra Mortuary, Inc. (Serra) as well as the award of attorney fees, as modified.

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