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COSMETIC IDEAS, INC. v. IAC/INTERACTIVECORP

No. 08-56079.

606 F.3d 612 (2010)

COSMETIC IDEAS, INC., a California corporation, doing business as Sweet Romance Jewelry Manufacturing, Plaintiff-Appellant, v. IAC/INTERACTIVECORP, a Delaware corporation; Home Shopping Network, Inc., a Delaware corporation; HSN LP, a Delaware limited partnership; HSN General Partner LLC, a Delaware limited liability company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Withdrawn October 19, 2009.

Resubmitted April 27, 2010.

Filed May 25, 2010.

Attorney(s) appearing for the Case

Evan S. Cohen and S. Martin Keleti, Los Angeles, CA, for plaintiff-appellant Cosmetic Ideas, Inc.

Edward T. Colbert, William H. Merone, and Erik C. Kane, Washington, DC, and Vicki E. Land, Los Angeles, CA, for defendants-appellees HSN LP, IAC/InterActiveCorp, Home Shopping Network, Inc. and HSN General Partner LLC.

Before: ANDREW J. KLEINFELD and RICHARD C. TALLMAN, Circuit Judges, and DAVID G. TRAGER, District Judge.

TRAGER, District Judge:

Plaintiff-Appellant Cosmetic Ideas, Inc. ("Cosmetic") appeals the decision of the United States District Court for the Central District of California ("district court") dismissing its claims against Defendants-Appellees IAC/InteractiveCorp, Home Shopping Network, Inc., HSN LP, and HSN General Partner LLC (collectively, "HSN") for lack of subject-matter jurisdiction. The district court determined that Cosmetic failed to comply with the registration...

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