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JADA TOYS, INC. v. MATTEL, INC.

No. 05-55627.

518 F.3d 628 (2007)

JADA TOYS, INC. a California corporation, Plaintiff-Counterdefendant-Appellee, v. MATTEL, INC., a Delaware corporation, Defendant-Counterclaimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 2, 2007.

Amended February 21, 2008.

Attorney(s) appearing for the Case

Adam R. Fox, Esq., Los Angeles, CA, for plaintiff-counterdefendant-appellee Jada Toys, Inc.

Jill M. Pietrini, Esq. and Jessica J. Slusser, Esq., Manatt, Phelps & Phillips, LLP, Los Angeles, CA, for defendant-counterclaimant-appellant Mattel, Inc.

Before: HARRY PREGERSON and JOHNNIE B. RAWLINSON, Circuit Judges, and BRIAN E. SANDOVAL, District Judge.

SANDOVAL, District Judge:

Defendant-Appellant Mattel, Inc. ("Mattel") appeals the grant of summary judgment in favor of Jada Toys, Inc. ("Jada") on Mattel's federal and state trademark infringement counterclaims. Mattel also challenges the district court's entry of summary judgment in favor of Jada as to its dilution and copyright claims.

We hold that because the district court erred in its application of the relevant...

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