
USCA1 Opinion

	




        August 18, 1992         [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                _____________________        No. 92-1060                               TERRAPIN SOFTWARE, INC.,                                 Plaintiff, Appellee,                                          v.                                KRELL SOFTWARE CORP.,                                Defendant, Appellant.                                 ____________________                     APPEAL FROM THE UNITED STATES DISTRICT COURT                              FOR THE DISTRICT OF MAINE                     [Hon. D. Brock Hornby, U.S. District Judge]                                            ___________________                                 ____________________                                        Before                                 Selya, Circuit Judge,                                        _____________                            Roney,* Senior Circuit Judge,                                    ____________________                            and Pieras,** District Judge.                                          ______________                                 ____________________            Thomas L. Bohan with whom Chris A. Caseiro  and Thomas L. Bohan  &            _______________           ________________      __________________        Associates were on brief for appellant.        __________            Robert  S.  Hark with  whom  Elliott  L.  Epstein  and Isaacson  &            ________________             ____________________      ___________        Raymond were on brief for appellee.        _______                                 ____________________                                 ____________________        _____________________        *  Of the Eleventh Circuit, sitting by designation.        ** Of the District of Puerto Rico, sitting by designation.               Per Curiam.    This is an appeal from a Maine District Court               Per Curiam               __________          finding of trademark infringement under the Lanham Act, 15 U.S.C.             1051-1127, with  the  issuance of  a permanent  injunction and          damages  in the  amount of  $10,750.00.  The  issue on  appeal is          whether the trial  court erred  in determining that  there was  a          likelihood  of  trademark   confusion.    The   determination  of          likelihood of  trademark confusion is one  of fact that  is to be          set  aside on appellate review  only if clearly  erroneous.  Keds                                                                       ____          Corp. v.  Renee Int'l Trading Corp., 888  F.2d 215, 222 (1st Cir.          __________________________________          1989).  We  have reviewed the parties  and record on  appeal, and          find no clear  error.   We affirm  the judgment  of the  district          court essentially for the reasons stated in the  district court's          opinion and order dated  November 19, 1991.               Affirmed.               Affirmed.               ________                                          2
