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ENESCO CORP. v. PRICE/COSTCO INC.

No. 96-56571.

146 F.3d 1083 (1998)

ENESCO CORPORATION, an Ohio corporation; Precious Moments, Incorporated, an Illinois corporation, Plaintiffs-Appellants, v. PRICE/COSTCO INC., a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 22, 1998.

Attorney(s) appearing for the Case

John J. Held, McAndrews, Held & Malloy, Ltd., James P. White, Welsh & Katz, Ltd., Chicago, Illinois, for plaintiffs-appellants.

Norman H. Levine, Greenberg Glusker Fields Claman & Machtinger, LLP, Los Angeles, California, Michael D. Sandler, Foster Pepper & Shefelman, Seattle, Washington, for defendant-appellee.

Before SCHROEDER and KOZINSKI, Circuit Judges, and WHYTE, District Judge.

WHYTE, Judge.

Enesco Corporation ("Enesco") and Precious Moments, Incorporated ("PMI") brought suit against Price/Costco Inc. ("Price-Costco") for unfair competition under California Business and Professions Code sections 17200 et seq. and trademark infringement under sections 32 and 43(a) of the Lanham Act, 15 U.S.C. §§ 1114 and 1125(a). Enesco and PMI (collectively "Appellants") appeal the district court's judgment entered following its order granting...

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