The New West Corporation, a California Corporation, D/B/A New West v. Nym Company of California, Inc., a California Limited Partnership, D/B/A Newwest Magazine, Nym Company of California, a California Limited Partnership, D/B/A New Westmagazine, Counterclaimant v. The New West Corporation, a California Corporation, Counterdefendant

595 F.2d 1194 202 U.S.P.Q. 643 , 5 Media L. Rep. 1053 The NEW WEST CORPORATION, a California Corporation, d/b/a New West, Plaintiff-Appellant, v. NYM COMPANY OF CALIFORNIA, INC., a California Limited Partnership, d/b/a NewWest Magazine, Defendant-Appellee. NYM COMPANY OF CALIFORNIA, a California Limited Partnership, d/b/a New WestMagazine, Counterclaimant, v. The NEW WEST CORPORATION, a California Corporation, Counterdefendant. No. 76-3234. United States Court of Appeals, Ninth Circuit. May 1, 1979. Keith D. Beecher, Los Angeles, Cal., for plaintiff-appellant. Kenneth E. Kulzick, Lawrence W. Dam, Los Angeles, Cal., for defendant-appellee. Appeal from the United States District Court, Central District of California. Before KILKENNY and ANDERSON, Circuit Judges, and SOLOMON, District Judge. * KILKENNY, Circuit Judge: 1 This is an appeal from a judgment in a trade-mark case in favor of appellee NYM Company of California, Inc. (NYM) on cross-motions for summary judgment. After finding that there was no genuine issue of material fact, the district court concluded that NYM had established its ownership rights in the trade name and trade-mark "New West" as the title of its magazine and…