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METAL JEANS, INC. v. METAL SPORT, INC.

No. 19-55923.

987 F.3d 1242 (2021)

METAL JEANS, INC., a Nevada corporation, Plaintiff-Appellant, v. METAL SPORT, INC.; Does, 1-50, Defendants-Appellees, and Ano Veli Samuel Turtiainen, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed February 16, 2021.

Attorney(s) appearing for the Case

Stanley M. Gibson (argued) and Lauren E. Babst , Jeffer Mangels Butler & Mitchell LLP, Los Angeles, California, for Plaintiff-Appellant.

Yuval H. Marcus (argued), Cameron S. Reuber , and Lori L. Cooper , Leason Ellis LLP, White Plains, New York, for Defendants-Appellees.

Before: Kim McLane Wardlaw and Lawrence VanDyke, Circuit Judges, and Timothy Hillman, District Judge.

OPINION

Metal Jeans, Inc., an apparel brand and owner of the non-stylized trademark "METAL," brought an infringement claim against Metal Sport, Inc., a powerlifting brand with a similar but stylized mark. Before the district court, both parties sought summary judgment on whether Metal Sport's use of the stylized...

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