Pony Express Courier Corporation Of America v. Pony Express Delivery Service

872 F.2d 317 13 Fed.R.Serv.3d 423 , 10 U.S.P.Q.2d 1475 PONY EXPRESS COURIER CORPORATION OF AMERICA, a corporation; Baker Industries, a corporation, Plaintiffs-Appellees/Cross-Appellants, v. PONY EXPRESS DELIVERY SERVICE, a sole proprietorship; Christopher Alan Crew, Defendants-Appellants/Cross-Appellees. Nos. 86-2642, 86-2673. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 11, 1989. Decided April 7, 1989. Roger L. Cook, San Francisco, Cal., for Pony Express Delivery Service, et al. Richard E. Backus, San Francisco, Cal., for Pony Express Courier Corp. of America, et al. Appeals from the United States District Court for the Northern District of California. Before NORRIS, NOONAN and LEAVY, Circuit Judges. NOONAN, Circuit Judge: 1 A sole proprietorship belonging to Christopher Alan Crew, Pony Express Delivery Service (Crew) brought suit against a subsidiary of Baker Industries, Inc., Pony Express Courier Corporation of America (Baker) in the state court of California. Baker removed the case to the federal district court and itself brought suit against Crew for a violation of the Lanham Act. The cases were consolidated. The district court gave summary…