Allen Homes, Inc., and Cross-Appellee v. Jack H. Weersing and Elk River Homes, Inc., and Cross-Appellants

STEPHENSON, Circuit Judge.

These cases involve a three count complaint by plaintiff, Allen Homes, for federal trademark infringement, 15 U.S.C. §§ 1051 — 1127; federal unfair competition, 15 U.S.C. § 1125(a); and common law trademark infringement. Defendants, Jack H. Weersing and Elk River Homes (Elk River), counterclaimed for false and fraudulent trademark registra tion. The trial court 1 held that Elk River had not infringed upon Allen Homes’ trademark but that Elk River had not carried its burden on the counterclaim. We affirm.

The case was presented to the court largely on stipulated and…