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KP PERMANENT MAKE-UP, INC. v. LASTING IMPRESSION I, INC.

No. 01-56055.

328 F.3d 1061 (2003)

KP PERMANENT MAKE-UP, INC, Plaintiff-Counter-Defendant-Appellee, v. LASTING IMPRESSION I, INC; MCN International Inc, Defendants-Counter-Claimants-Appellants, Roes 1 Through 10, inclusive, Counter-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 30, 2003.

Attorney(s) appearing for the Case

Charles C.H. Wu and C. William Kircher, Jr., Irvine, CA, for the defendants-counter-claimants-appellants.

Michael Machat, Beverly Hills, CA, for the plaintiff-counter-defendant-appellee.

Before: HUG, BRUNETTI, and O'SCANNLAIN, Circuit Judges.

OPINION

HUG, Circuit Judge.

I. Introduction

This case concerns the term "micro colors"1 and who has the right to use it. Lasting Impression I, Inc., owns an incontestable, registered trademark which consists of the term "micro colors," set in white, within a black box. It is the registration for this composite mark that is the basis of this litigation.

K.P. Permanent...

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