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APPLIED UNDERWRITERS, INC. v. LICHTENEGGER

No. 17-16815.

913 F.3d 884 (2019)

APPLIED UNDERWRITERS, INC., a Nebraska Corporation, Plaintiff-Appellant, v. Larry J. LICHTENEGGER; J. Dale Debber; Providence Publications, LLC, a California Limited Liability Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 15, 2019.

Attorney(s) appearing for the Case

Kimberly A. Jansen (argued), Hinshaw & Culbertson LLP, Chicago, Illinois; Mark Suri, Peter Felsenfeld, Travis Wall, and Spencer Y. Kook, Hinshaw & Culbertson LLP, Los Angeles, California; for Plaintiff-Appellant.

Duffy Carolan (argued), Jassy Vick Carolan LLP, San Francisco, California; Kevin L. Vick and Jean-Paul Jassy, Jassy Vick Carolan LLP, Los Angeles, California; for Defendants-Appellees.

Before: MILAN D. SMITH, JR. and JACQUELINE H. NGUYEN, Circuit Judges, and JANE A. RESTANI, Judge.

OPINION

We are confronted with an appeal of a procedurally curious nature. Plaintiff-Appellant Applied Underwriters, Inc. (Plaintiff) appealed the district court's dismissal of its claims for trademark infringement and unfair competition, on the apparent belief that the court dismissed the complaint pursuant to...

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