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CLICKS BILLIARDS INC. v. SIXSHOOTERS INC.

No. 99-17294.

251 F.3d 1252 (2001)

CLICKS BILLIARDS INC., a Texas corporation, Plaintiff-Appellant, v. SIXSHOOTERS INC., an Arizona corporation; Ronald R. Forbes, a married man; Jane Doe Forbes, wife, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 1, 2001

Attorney(s) appearing for the Case

Kimball J. Corson, Shields & Anderson, P.L.C., Phoenix, Arizona, for the plaintiff-appellant.

Neal B. Thomas, Thomas & Elardo, P.C., Phoenix, Arizona, for the defendant-appellee.

Before: JOHN T. NOONAN, M. MARGARET McKEOWN and KIM McLANE WARDLAW, Circuit Judges.

Argued and Submitted March 15, 2001 — San Francisco, California

McKEOWN, Circuit Judge:

Pool halls conjure up images of green felt tables, low-hanging lights, and billiard cues. But can a pool hall's overall image constitute protectable trade dress? To answer that question in this dispute between two pool hall operators, Appellant Clicks Billiards, Inc. ("Clicks"), and its competitor, Sixshooters, Inc. ("Sixshooters"), we must address whether Clicks...

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