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OMEGA NUTRITION, INC. v. SPECTRUM MARKETING, INC.

No. C-90-0681 SAW.

756 F.Supp. 435 (1991)

OMEGA NUTRITION U.S.A. INC., a Washington corporation, Plaintiff, v. SPECTRUM MARKETING, INC., a California corporation; Jethren Phillips, an individual; R.A. Moerman, an individual; and, Udo Erasmus, an individual, Defendants. SPECTRUM MARKETING, INC., a California corporation, Counterclaimant, v. OMEGA NUTRITION U.S.A. INC., a Washington corporation; Omega Nutrition Inc., a Canadian corporation; Omega Nutrition Canada Inc., a Canadian corporation; Fred Gornall, an individual; Robert Walberg, an individual; and Robert Gaffney, an individual, Counterdefendants.

United States District Court, N.D. California.

January 23, 1991.

Attorney(s) appearing for the Case

Neil Greenstein, Baker & McKenzie, Palo Alto, Cal., for plaintiff.

Townsend & Townsend, Henry Bunsow and Susan Spaeth, San Francisco, Cal., for defendants.

MEMORANDUM AND ORDER

WEIGEL, District Judge.

This case arises out of plaintiff/counterdefendant Omega Nutrition U.S.A., Inc.'s ("Omega USA") and defendant/counterclaimant Spectrum Marketing, Inc.'s ("Spectrum") competing claims of trademark infringement.1 The mark in dispute is the "Veg-Omega-3," which both parties have used to identify their competing bottled flax seed oil products. On August 7, 1990, Spectrum was issued a United...

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