Bader's Dutch Biscuit Co., Inc., a Washington Corporation v. Hearthside Baking Co., Inc., Doing Business as Maurice Lenell Cooking Company, an Illinois Corporation

64 F.3d 666 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. BADER'S DUTCH BISCUIT CO., INC., a Washington corporation, Plaintiff-Appellee, v. HEARTHSIDE BAKING CO., INC., doing business as Maurice Lenell Cooking Company, an Illinois corporation, Defendant-Appellant. No. 94-36048. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 19, 1995. Decided Aug. 18, 1995. Before: FARRIS, NOONAN, and HAWKINS, Circuit Judges. 1 MEMORANDUM * I. 2 We review a district court's grant of a preliminary injunction for abuse of discretion. Miller v. California Pacific Medical Center, 19 F.3d 449, 455 (9th Cir.1994) (en banc). Bader's Dutch Biscuit can protect its trade dress if it is nonfunctional, inherently distinctive, and the infringing product is confusingly similar. International Jensen v. Metrosound U.S.A., 4 F.3d 819, 823 (9th Cir.1993). 3 Hearthside argues that the district court committed a manifest error because Bader's Dutch Biscuit allegedly had not…