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STATE OF IDAHO POTATO COMMISSION v. G & T TERMINAL PACK., INC.

Nos. 04-35229, 04-35238.

425 F.3d 708 (2005)

The STATE OF IDAHO POTATO COMMISSION, Plaintiff-Appellee, v. G & T TERMINAL PACKAGING, INC., Defendant-Appellant. The State of Idaho Potato Commission, Plaintiff-Appellant, v. G & T Terminal Packaging, Inc., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 7, 2005.

Attorney(s) appearing for the Case

Michael S. Gilmore, Deputy Attorney General (Idaho), Boise, ID, for the plaintiff-appellant and cross-appellee.

Richard C. Boardman, Perkins Coie LLP, Boise, ID, for the defendant-appellee and cross-appellant.

Before TASHIMA, PAEZ, and CALLAHAN, Circuit Judges.

TASHIMA, Circuit Judge.

In its appeal, the Idaho Potato Commission ("IPC") challenges the district court's ruling that a no-challenge provision in its certification mark licensing agreement with G & T Terminal Packaging ("G & T") is unenforceable. G & T appeals several damages awards to IPC for breach of contract and violation of the Lanham Act, as well as an award of attorney's fees and costs. We have jurisdiction over these appeals pursuant to 28 U.S...

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