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FILIPINO YELLOW PGS. v. ASIAN JOURNAL PUBLICATIONS

No. 98-55366.

198 F.3d 1143 (1999)

FILIPINO YELLOW PAGES, INC., a corporation, Plaintiff-counter-defendant-Appellant, v. ASIAN JOURNAL PUBLICATIONS, INC., a corporation; Roger Lagmay Oriel; Cora Macabagdal Oriel, Defendants-counter-claimants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 6, 1999.

Attorney(s) appearing for the Case

Robert Asa Crook (argued), Bander Law Firm, Los Angeles, California, for the plaintiff-appellant.

Willmore F. Holbrow, III (argued), Dennis G. Martin, Blakely, Sokoloff, Taylor & Zafman, Los Angeles, California, for the defendants-appellees.

Before: O'SCANNLAIN, FERNANDEZ, and T.G. NELSON, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether the publisher of a telephone directory for the Filipino-American community can establish that the term "Filipino Yellow Pages" is protectible under trademark law.

I

Roger Lagmay Oriel and Oscar Jornacion were partners in four businesses between 1982 and 1986. One of these businesses, Fil-Am Enterprises, Inc. ("Fil-Am"), published the Filipino Directory of California, a telephone directory...

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