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TILLAMOOK COUNTRY SMOKER, INC. v. TILLAMOOK CTY. CREAMERY ASS'N

Civil No. 02-1540-MO.

311 F.Supp.2d 1023 (2004)

TILLAMOOK COUNTRY SMOKER, INC., an Oregon corporation, Plaintiff, v. TILLAMOOK COUNTY CREAMERY ASSOCIATION, an Oregon cooperative corporation, Defendant.

United States District Court, D. Oregon.

April 1, 2004.

Attorney(s) appearing for the Case

Brenna Kristine Legaard, Charles D. McClung, J. Peter Staples, Chernoff, Vilhauer, McClung & Stenzel, LLP, Portland, OR, for Plaintiff.

James C. Edmonds, Clark Lindauer Fetherston Edmonds, Salem, OR, for Defendant.

OPINION AND ORDER

MOSMAN, District Judge.

This trademark dispute raises issues involving two successful companies' use of the word "Tillamook," the name of the Oregon coastal county where both companies are based. Defendant Tillamook County Creamery Association ("Creamery") has sold dairy products under labels using "Tillamook" for almost 100 years. It, therefore, claims that plaintiff Tillamook Country Smoker ("Smoker") cannot use the word in its packaging...

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