FLETCHER, Circuit Judge: Defendant/Counterclaimant Joseph E. Gallo (“Joseph”) appeals. Plaintiff/Coun-terdefendant E. J. Gallo Winery (“the Winery”), owned by Joseph’s older brothers Ernest and Julio Gallo, initially brought a trademark infringement action against Joseph for the use of the name GALLO on retail packages of cheese. Joseph counterclaimed against the Winery and Ernest and Julio, asserting that he had inh…
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