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AMERICAN SOCCER CO. v. SCORE FIRST ENTERPRISES

No. 97-55986.

187 F.3d 1108 (1999)

AMERICAN SOCCER COMPANY, INC., a California corporation, Plaintiff-Appellant, v. SCORE FIRST ENTERPRISES, A DIVISION OF KEVLAR INDUSTRIES; Kevlar Industries, a California corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 13, 1999.

Attorney(s) appearing for the Case

Robert M. Dawson, Fulbright Jaworski, Los Angeles, California, for plaintiff-appellant.

John E. Kelley, Kelly Bauersfeld Lowry & Kelley, Los Angeles, California, for defendants-appellees.

Before: PREGERSON, BOOCHEVER, and HAWKINS, Circuit Judges.

BOOCHEVER, Circuit Judge:

American Soccer appeals from the district court's order vacating its notice of voluntary dismissal. Because the notice of voluntary dismissal was filed prior to the filing of an answer or motion for summary judgment, we reverse.

FACTS

American Soccer Company, Inc. ("American Soccer") has sold soccer equipment, uniforms, and other soccer-related merchandise for over ten years under the trademark "Score" and bearing a "Score...

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