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ELVIS PRESLEY ENTERPRISES, INC. v. CAPECE

No. 97-20096.

141 F.3d 188 (1998)

ELVIS PRESLEY ENTERPRISES, INCORPORATED, Plaintiff-Appellant, v. Barry CAPECE, A United States Citizen; Velvet Limited, A Texas Limited Partnership; Audley Incorporated, A Texas Corporation, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 7, 1998.

Attorney(s) appearing for the Case

Mark S. Lee, Cara R. Burns, Manatt, Phelps & Phillips, Los Angeles, CA, for Plaintiff-Appellant.

Terry Fitzgerald, Daniel D. Gartner, Fitzgerald, Gartner & Follis, Douglas Eugene Koger, Bennett, Krenek & Hilder, Houston, TX, for Defendants-Appellees.

Before REYNALDO G. GARZA, KING and BENAVIDES, Circuit Judges.

KING, Circuit Judge:

Plaintiff-appellant Elvis Presley Enterprises, Inc. appeals the district court's judgment that defendants-appellees' service mark, "The Velvet Elvis," does not infringe or dilute its federal and common-law trademarks and does not violate its right of publicity in Elvis Presley's name. See Elvis Presley Enters. v. Capece, 950 F.Supp. 783 (S.D.Tex. 1996). Because the district court failed to consider...

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