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FAR OUT PRODUCTIONS, INC. v. OSKAR

No. 99-56739.

247 F.3d 986 (2001)

FAR OUT PRODUCTIONS, INC., a California corporation, Plaintiff-Appellee, v. Lee OSKAR; Morris Dickerson; Bran Aitchison; Bruce Solar, individually and d/b/a Absolute Artists, Defendants, and Howard Scott, Defendant-Counter-Claimant-Appellant, Harold Brown, Plaintiff-Cross-Defendant-Appellant, v. Jerry Goldstein, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 24, 2001.

Attorney(s) appearing for the Case

Matthew L. Pepper, The Law Offices of Pepper, Moore & Smith, New Orleans, Louisiana, for the defendant-counter-claimant-appellant and plaintiff-cross-defendant-appellant.

Jay M. Coggan, Law Offices of Jay M. Coggan, Beverly Hills, California, for the plaintiff-appellee and defendant-appellee.

Before: WARREN J. FERGUSON and BARRY G. SILVERMAN, Circuit Judges, and CHARLES R. BREYER, District Judge.

Submitted April 4, 2001* Pasadena, California.

BREYER, District Judge:

Far Out Productions, Inc. filed suit against Howard Scott, an original member of the musical group "WAR," and other artists with whom Scott was performing, alleging infringement of the federally-registered trademark "WAR." Scott responded by filing a counterclaim alleging, inter alia, fraud, conversion, and trademark...

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