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DISC GOLF ASS'N, INC. v. CHAMPION DISCS, INC.

No. 97-16430.

158 F.3d 1002 (1998)

DISC GOLF ASSOCIATION, INC., Plaintiff-Appellant, v. CHAMPION DISCS, INC., a California Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 15, 1998.

Attorney(s) appearing for the Case

Daniel V. Thompson, Thompson & Howison, Dallas, Texas, for plaintiff-appellant.

John A. Rafter, Jr. (argued), Edward M. Jordan (on the brief), Lyon & Lyon, Los Angeles, California, for defendant-appellee.

Before: BRUNETTI, TASHIMA, and GRABER, Circuit Judges.

GRABER, Circuit Judge:

Disc Golf Association, Inc. (DGA), brought this action against Champion Discs, Inc. (Champion), alleging trademark and trade dress infringement under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a). The district court granted summary judgment in favor of Champion on the ground that DGA's claimed trademark or trade dress, a parabolic chain design, is functional as a matter of law and, therefore, is not entitled to Lanham Act protection...

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