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INTERSTELLAR STARSHIP SERVICES, LTD. v. EPIX INC.

Nos. 98-35142, 98-35424.

184 F.3d 1107 (1999)

INTERSTELLAR STARSHIP SERVICES, LIMITED, Plaintiff-Counter-Defendant-Appellee, v. EPIX INCORPORATED, an Illinois Corporation, Defendant-Counter-Claimant-Appellant. Interstellar Starship Services, Limited, Plaintiff-Counterclaim-Defendant-Appellant, and Michael R. Tchou, Counterclaim-Defendant-Appellant, v. Epix Incorporated, an Illinois Corporation, Defendant-Counterclaimant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 19, 1999.

Attorney(s) appearing for the Case

Sheldon L. Epstein, Law Office of S.L. Epstein (Argued and On the Briefs), Wilmette, Illinois, for defendant-appellant Epix, Incorporated.

Peter E. Heuser, Kolisch, Hartwell, Dickinson, McCormack & Heuser (On the Briefs), Portland, Oregon, for defendant-appellant Epix, Incorporated.

William S. Lovell, Aloha, Oregon, for appellees cross-appellants Interstellar Starship Services, and Michael R. Tchou.

Savoy Rose Jade, Newport, Oregon, for appellees cross-appellants Interstellar Starship Services, and Michael R. Tchou.

Before: T.G. Nelson, Reinhardt, and Trott, Circuit Judges.

TROTT, Circuit Judge:

Epix, Inc. appeals a summary judgment for Interstellar Starship Services, Ltd. ("ISS"), and ISS cross-appeals the denial of its request for attorneys' fees. In a published opinion, 983 F.Supp. 1331 (D.Or. 1997), the district court held that ISS's maintenance of an internet web page at "epix.com" did not infringe Epix's registered trademark, "EPIX," and granted declaratory judgment to ISS. The district court...

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