White Swan, Ltd., an Oregon Corporation v. The Nature Company, a California Corporation, Defendant-Counter-Claimant-Appellee

29 F.3d 638 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. WHITE SWAN, LTD., an Oregon Corporation, Plaintiff-Appellant, v. The NATURE COMPANY, a California Corporation, Defendant-Counter-Claimant-Appellee. No. 93-35213. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 14, 1994. Decided July 15, 1994. Before: GOODWIN, PREGERSON, and RYMER, Circuit Judges. 1 MEMORANDUM * OVERVIEW 2 White Swan, Ltd. appeals the District Court's grant of summary judgment in favor of The Nature Company. White Swan Ltd.'s action alleged trademark infringement pursuant to Sec. 32 of the Lanham Act, 15 U.S.C. Sec. 1114 , unfair competition and false designation of origin pursuant to Sec. 43 of the Lanham Act, 15 U.S.C. Sec. 1125 (a), and state common law claims of trademark infringement, unfair trade practices, and trademark dilution. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We affirm. BACKGROUND 3 Appellant White Swan, Ltd. ("White Swan") is a wholesale…