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AVERY DENNISON CORP. v. SUMPTON

No. 98-55810.

189 F.3d 868 (1999)

AVERY DENNISON CORPORATION, Plaintiff-Counter-Defendant-Appellee, v. Jerry SUMPTON, Individually d/b/a Free View Listings Ltd.; Free View Listings, Ltd., an Unknown Entity, Defendants-Counter-Claimants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided August 23, 1999.

Attorney(s) appearing for the Case

G. Gervaise Davis, III (Argued and Briefed), Eric B. Boustani (On the briefs), Davis & Schroeder, Monterey, California, for the defendants-counter-claimants-appellants.

Adrian Mary Pruetz (Argued), and David W. Quinto (On the Briefs), Quinn Emanuel Urquhart Oliver & Hedges, Los Angeles, California, for the plaintiff-counter-defendant-appellee.

Before: D.W. NELSON, REINHARDT, and TROTT, Circuit Judges.

TROTT, Circuit Judge:

Jerry Sumpton and Freeview Listings Ltd. (together, "Appellants") appeal an injunction in favor of Avery Dennison Corp., entered after summary judgment for Avery Dennison on its claims of trademark dilution under the Federal Trademark Dilution Act of 1995, 15 U.S.C. § 1125(c) (Supp. II 1996) (amending the Lanham Trademark Act of 1946, 15 U.S.C. §§ 1051-1127 (1994)), and the California dilution statute, Cal. Bus. & Prof.Code...

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