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STUHLBARG INTL. SALES v. JOHN D. BRUSH & CO.

Nos. 99-56676, 99-56875.

240 F.3d 832 (2001)

Stuhlbarg International Sales Company, Inc., a California corporation, d/b/a Sisco, Plaintiff-Appellee, v. John D. Brush and Company, Inc., a New York corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 13, 2001.

Attorney(s) appearing for the Case

William Roberts (argued), Richard P. McElroy, Timothy D. Pecsenye, Rachel L. Brendzel, Blank, Rome, Comisky & McCauley, LLP, Philadelphia; Dennis G. Martin, Willmore F. Holbrow III, Blakely, Sokoloff, Taylor & Zafman, LLP, Los Angeles, for appellant John D. Brush & Co., Inc.

Gary M. Anderson (argued), Vern Schooley, Russell C. Pangborn, Fulwider, Patton, Lee & Utecht, LLP, Long Beach, for appellee Stuhlbarg International Sales Co., Inc.

Before: Procter Hug, Jr., M. Margaret McKeown, and Richard A. Paez, Circuit Judges.

McKEOWN, Circuit Judge:

This case, which arises from a trademark dispute over the use of the term "Fire-Safe," was precipitated by the U.S. Customs Service's detention of imported safes bearing that mark. Stuhlbarg International Sales Co., known as Sisco, brought a suit for declaratory judgment and cancellation of the "Fire-Safe" trademark owned by John D. Brush & Co. The district court granted Sisco's request for a preliminary injunction. It restrained Brush...

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