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IDAHO POTATO COM'N v. WASHINGTON POTATO COM'N

Civ. No. 1-75-48.

410 F.Supp. 171 (1975)

IDAHO POTATO COMMISSION and the State of Idaho, Plaintiffs, v. WASHINGTON POTATO COMMISSION et al., Defendants.

United States District Court, D. Idaho.

Opinion on Motion to Dismiss March 10, 1976.

Attorney(s) appearing for the Case

Paul S. Street, Moffatt, Thomas, Barrett & Blanton, Boise, Idaho, Wayne L. Kidwell, Atty. Gen., Rudolf D. Barchas, Deputy Atty. Gen., Boise, Idaho, for plaintiffs.

Slade Gorton, Atty. Gen., E. E. "Bill" Rosatto, Sr., Asst. Atty. Gen., Olympia, Wash., Charles C. Flower, Wilson & Flower, Yakima, Wash., Jeremiah A. Quane, John P. Howard, Quane, Smith, Howard & Hamlin, Boise, Idaho, Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah, for defendants.

MEMORANDUM DECISION AND ORDER

J. BLAINE ANDERSON, District Judge.

Plaintiffs, Idaho Potato Commission (I.P.C.) and the State of Idaho, have brought suit under the diversity statute, 28 U.S.C.A. § 1332, and under the Trademark Act, 15 U.S.C.A. § 1121, against defendants for infringement of the trademark "Idaho" and for unfair competition. The Washington Potato Commission (W.P.C.) and Pacific National Advertising, Inc. have moved to dismiss the complaint...

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