TOHO CO., LTD. v. SEARS, ROEBUCK & CO.

C.A. No. 78-3739.

645 F.2d 788 (1981)

TOHO COMPANY, LTD., a Japanese Corporation, and H. G. Saperstein, an individual, doing business as H. G. Saperstein and Associates, Appellants, v. SEARS, ROEBUCK & CO., a New York Corporation, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 18, 1981.

Rehearing and Rehearing Denied July 15, 1981.


Attorney(s) appearing for the Case

Thomas M. Small, Fulwider, Patton, Rieber, Lee & Utecht, Los Angeles, Cal., for appellants.

B. G. Nilsson, Los Angeles, Cal., argued for appellee; Nilsson, Robbins, Dalgarn, Berliner, Carson & Wurst, Los Angeles, Cal., on brief.

Before KENNEDY, FLETCHER and FARRIS, Circuit Judges.


Rehearing and Rehearing En Banc Denied July 15, 1981.

FARRIS, Circuit Judge:

Toho Company and H. G. Saperstein appeal from the district court's rule 12(b)(6) dismissal of their action alleging trademark infringement and unfair competition. We affirm.

I. GODZILLA AND BAGZILLA

Toho Company is a Japanese limited corporation. Since the 1950's, Toho and its licensees have produced and distributed movies and a television cartoon series featuring...

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