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TILLAMOOK COUNTRY SMOKER, INC. v. TILLAMOOK CTY. CREAMERY ASS'N

No. Civ. 02-1540-MO.

333 F.Supp.2d 975 (2004)

TILLAMOOK COUNTRY SMOKER, INC., an Oregon corporation Plaintiff, v. TILLAMOOK COUNTY CREAMERY ASSOCIATION, an Oregon cooperative corporation, Defendant.

United States District Court, D. Oregon.

July 28, 2004.

Attorney(s) appearing for the Case

Brenna Kristine Legaard, Charles D. McClung, J. Peter Staples, Chernoff Vilhauer McClung & Stenzel, LLP, Portland, OR, for Plaintiff.

James C. Edmonds, Clark Lindauer Fetherston Edmonds, Salem, OR, for Defendant.

OPINION

MOSMAN, District Judge.

In this trademark case, the court is asked to decide whether plaintiff Tillamook Country Smoker ("Smoker") may register certain trademarks with the Patent and Trademark Office ("PTO"). Defendant Tillamook County Creamery Association ("Creamery") argues that registration is inappropriate because the marks at issue present a likelihood of consumer confusion as to defendant's registered marks for the word "Tillamook." Smoker...

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