Ocean Garden, Inc. v. Marktrade Company, Inc.

953 F.2d 500 (1991)

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Ocean Garden, Inc. v. Marktrade Company, Inc.

United States Court of Appeals for the Ninth Circuit
953 F.2d 500 (1991)

Facts

Ocean Garden, Inc. (plaintiff) was in the business of marketing seafood under the Calmex brand name. Marktrade Company, Inc. (defendant) marketed similar products under the brand names Sardimex and Seamex. However, Marktrade exclusively harvested, sold, and marketed these products in Mexico. Ocean Garden filed suit in the United States, alleging trademark infringement under the Lanham Act. There were no other pending proceedings concerning this infringement in other countries. The district court granted a preliminary injunction, and Marktrade appealed.

Rule of Law

Issue

Holding and Reasoning (Trott, J.)

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