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BEER NUTS, INC. v. CLOVER CLUB FOODS CO.

Civ. No. NC 79-0082.

520 F.Supp. 395 (1981)

BEER NUTS, INC., Plaintiff, v. CLOVER CLUB FOODS COMPANY, Defendant.

United States District Court, D. Utah, N. D.

April 20, 1981.

Attorney(s) appearing for the Case

Craig S. Fochler and Robert M. Newbury, Pattishall, McAuliffe & Hofstetter, Chicago, Ill., Robert Mallinckrodt, Mallinckrodt & Mallinckrodt, Salt Lake City, Utah, for plaintiff.

Stephen H. Anderson, Ray, Quinney & Nebeker, Salt Lake City, Utah, R. William Johnston, Richard D. Seibel, Christie, Parker & Hale, Pasadena, Cal., for defendant.

MEMORANDUM OPINION

JENKINS, District Judge.

This is an action for trademark infringement and unfair competition with a counterclaim asking that the plaintiff's registered mark be declared void and struck from the Trademark Registration Rolls.

Jurisdiction is footed on 15 U.S.C. § 1121, 28 U.S.C. § 1338(a), 28 U.S.C. § 1338(b) and 28 U.S.C. § 1332 and is found present. Venue is proper.

Plaintiff Beer Nuts, Inc., asserts...

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