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DATA EAST USA, INC. v. EPYX, INC.

No. 87-2294.

862 F.2d 204 (1988)

DATA EAST USA, INC., a California corporation, Plaintiff-Appellee, v. EPYX, INC., a California corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 30, 1988.

Attorney(s) appearing for the Case

H. Michael Brucker, Oakland, Cal., Steven M. Kipperman, San Francisco, Cal., for defendant-appellant.

Sheldon R. Meyer, Karen S. Smith, Fliesler, Dubb, Meyer & Lovejoy, San Francisco, Cal., William McLean, Thoits, Love, Hershberger & McLean, Palo Alto, Cal., for plaintiff-appellee.

Before BROWNING, HUG and TROTT, Circuit Judges.

TROTT, Circuit Judge:

Plaintiff-appellee Data East USA, Inc., brought this action against defendant-appellant Epyx, Inc. for copyright, trademark, and trade dress infringement. The district court found a copyright infringement and issued a permanent injunction and impoundment. Epyx appeals the grant of the permanent injunction.

Epyx contends (1) the district court erred in granting the injunction because Epyx never had access to Data East's copyrighted work...

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