United States Ninth Circuit

Defendant was not entitled to a nominative fair use defense for use of plaintiff's trademarked name on a website, but a dilution claim is remanded for determination of actual dilution. An award of attorneys' fees was proper based on district court's findings of willful infringement and a frivolous counterclaim. (Amended opinion)

Appellate Information

• Argued 03/06/2003
• Decided 07/29/2003
• Published 07/29/2003

Judges

• Before PREGERSON and THOMAS, Circuit Judges, and OBERDORFER, Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Joe Izen, Bellaire, TX (argued);  Larry Garcia, Pro Se, Houston, TX (brief), attorneys for the defendant-counter-claimant-appellant., Marvin S. Gittes, Cobrin & Gittes, New York, NY, for the plaintiff-counter-defendant-appellee.