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INHALE, INC. v. STARBUZZ TOBACCO, INC.

No. 12-56331.

739 F.3d 446 (2014)

INHALE, INC., a California Corporation, Plaintiff-Appellant, v. STARBUZZ TOBACCO, INC., a California Corporation; Wael Salim Elhalawani, an individual residing in California, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 9, 2014.

Attorney(s) appearing for the Case

Louis F. Teran, SLC Law Group, Pasadena, CA, argued the cause and filed the briefs for Plaintiff-Appellant.

Natu J. Patel, The Patel Law Firm, P.C., Irvine, CA, argued the cause and filed the brief for Defendants-Appellees.

Before: DIARMUID F. O'SCANNLAIN, SUSAN P. GRABER, and CARLOS T. BEA, Circuit Judges.

OPINION

O'SCANNLAIN, Circuit Judge:

We must decide whether the shape of a hookah water container1 is entitled to copyright protection.

I

Inhale, Inc. claims copyright protection in the shape of a hookah water container that it first published on August 29, 2008 and registered with the United States Copyright Office on April 21, 2011. At both the time of publication and the time of registration, the container...

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