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TILLAMOOK v. TILLAMOOK COUNTY CREAMERY

No. 04-35843.

465 F.3d 1102 (2006)

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

United States Court of Appeals, Ninth Circuit.

Filed October 11, 2006.

Attorney(s) appearing for the Case

J. Peter Staples, Chernoff, Vilhauer, McClung & Stenzel, Portland, OR, for the plaintiff-appellee.

James N. Westwood, Stoel Rives, Portland, OR, for the defendant-appellant.

Before: HAWKINS, SILVERMAN, and GOULD, Circuit Judges.

SILVERMAN, Circuit Judge:

The Tillamook County Creamery Association, the maker of the Tillamook brand of cheese for nearly a hundred years, has a beef with a company called Tillamook Country Smoker, a purveyor of smoked meats and jerky. In 1976, Tillamook Country Smoker began selling its meat products under its name. The cheese people had actual knowledge of Tillamook Country Smoker's activities, but never said a word. Not only that, the cheese folks even sold Tillamook...

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