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HOKTO KINOKO CO. v. CONCORD FARMS, INC.

No. 11-56461.

738 F.3d 1085 (2013)

HOKTO KINOKO COMPANY, a Japanese corporation, Plaintiff-counter-defendant-Appellee, and Hokuto Company, Ltd., a Japanese corporation, Third-party-defendant-Appellee, v. CONCORD FARMS, INC., a California corporation, Defendant-counter-claim-third-party-plaintiff-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 24, 2013.

Attorney(s) appearing for the Case

Alan M. Kindred (argued) and Ivan Posey , Kindred & Posey, Hacienda Heights, CA, for Defendant-Counter-Claim-Third-Party-Plaintiff-Appellant.

David A. Dillard (argued), Christie, Parker & Hale, LLP, Glendale, CA, for Plaintiff-Counter-Defendant-Appellee and Third-Party-Defendant-Appellee.

Before: JOHN T. NOONAN, KIM McLANE WARDLAW, and MARY H. MURGUIA, Circuit Judges.

OPINION

WARDLAW, Circuit Judge:

In this trademark infringement action, Hokto Kinoko Co. (Hokto USA), a wholly owned subsidiary of Hokuto Co., Ltd. (Hokuto Japan), sued Concord Farms, Inc. (Concord Farms) for violating its rights to marks under which it markets its Certified Organic Mushrooms, which are produced in the United States. Hokto USA claimed that Concord Farms wrongly imported and marketed mushrooms under its marks for Certified Organic Mushrooms...

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