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MERCADO-SALINAS v. BART ENTERPRISES INTERN., LTD.

No. 10-2359.

671 F.3d 12 (2011)

Walter MERCADO-SALINAS; Astromundo, Inc., Plaintiffs, Appellants, v. BART ENTERPRISES INTERNATIONAL, LTD.; Walter International Productions, Inc.; Waltervision Productions, Inc.; Walter Mercado Radio Productions, Inc.; Walter Mercado Enterprises Corp.; Guillermo Bakula; Arcane Creative, LLC; Watervision, Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 20, 2011.

Attorney(s) appearing for the Case

María D. Bertólez and María D. Trelles-Hernández , with whom Néstor M. Méndez-Gómez , Pietrantoni Méndez & Alvarez LLP, John F. Nevares , Pedro Quiñones Suárez , and John F. Nevares and Associates PSC were on brief, for appellants.

Laura Beléndez-Ferrero , with whom Cristina Arenas Solís , and Ferraiuoli LLC were on brief, for appellees.

Before LYNCH, Chief Judge, TORRUELLA and STAHL, Circuit Judges.

LYNCH, Chief Judge.

In 1995, Walter Mercado-Salinas, a popular psychic and astrologer, and Bart Enterprises entered into a contract (the "Agreement") for the production and distribution of materials featuring Mercado's psychic and astrological services. Under the Agreement, Mercado granted Bart the right to use the "Walter Mercado" trademark, as well as Mercado's name and likeness.

In 2006, however, a dispute arose...

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