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GROCERY OUTLET INC. v. ALBERTSON'S INC.

Nos. 06-16380, 06-16448.

497 F.3d 949 (2007)

GROCERY OUTLET INC., Plaintiff-Appellant, v. ALBERTSON'S INC.; American Stores Company, LLC; Lucky Stores, Inc.; American Stores Company, LLC, Defendants-Appellees. Grocery Outlet Inc., Plaintiff-Appellee, v. Albertson's Inc.; American Stores Company, LLC; Lucky Stores, Inc.; American Stores Company, LLC, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed August 9, 2007.

Attorney(s) appearing for the Case

Peter W. Craigie, Kristen E. Drake, Craigie, McCarthy & Clow, San Francisco, CA, and Louis T. Pirkey, Susan J. Hightower, Pirkey Barber, LLP, Austin, TX, for the plaintiff-appellant.

Robert A. Weikert, Veronica Colby Devitt, John A. Chatowski, Marlene J. Williams, Thelen Reid & Priest, LLP, San Francisco, CA, for the defendants-appellees.

Before: J. CLIFFORD WALLACE, D.W. NELSON, and M. MARGARET McKEOWN, Circuit Judges.

PER CURIAM Opinion; Concurrence by Judge WALLACE; Concurrence by Judge McKEOWN

PER CURIAM.

Grocery Outlet, Inc. ("Grocery") appeals from a preliminary injunction granted in favor of Albertson's, Inc. ("Albertson's"), one of its competitors in the retail grocery industry. The district court concluded, at this stage of the proceedings, that Albertson's was the legal owner of the LUCKY mark for retail grocery services and products and rejected Grocery's claim...

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