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SIMS SNOWBOARDS, INC. v. KELLY

No. 88-3591.

863 F.2d 643 (1988)

SIMS SNOWBOARDS, INC., a California corporation, Plaintiff-Appellee, v. Craig KELLY and the Burton Corp., a Vermont corporation dba Burton Snowboards, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided December 6, 1988.

Attorney(s) appearing for the Case

Michael G. Hanlon, Portland, Or., J.W. Jeff Karford II, Peter A. Kalat, Curtis, Mallet-Prevost, Colt & Mosle, New York City, for defendants-appellants.

Roger L. Meyer, Meyer, Habernigg & Wyse, Portland, Or., for plaintiff-appellee.

Before BROWNING, TANG and FARRIS, Circuit Judges.

FARRIS, Circuit Judge:

I.

Craig Kelly and Burton Snowboards, defendants-appellants, appeal the district court's grant of a preliminary injunction to Sims Snowboards, plaintiff-appellee. The injunction prevents Kelly from using or endorsing any snowboard other than a Sims or an unidentified snowboard and from using or endorsing accessory products identified as Burton products. We reverse and vacate the injunction.

II.

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