WALTER v. MATTEL, INC.

No. 98-56801

210 F.3d 1108 (2000)

Katherine WALTER, an individual, aka Pearl Beach, dba Pearl Beach, Plaintiff-Appellant, v. MATTEL, INC., a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 26, 2000.


Attorney(s) appearing for the Case

Paul A. Larsen, Milam & Larsen, Pasadena, California, for the plaintiff-appellant.

Adrian Pruetz, Quinn, Emanuel, Urquhart, Oliver & Hedges, Los Angeles, California, for the defendant-appellee.

Before: REINHARDT and O'SCANNLAIN, Circuit Judges, and SCHWARZER, Senior District Judge.


SCHWARZER, Senior District Judge:

Mattel, Inc., produces and markets, among other products, the well-known line of Barbie dolls to which it added in 1998 the "Pearl Beach Barbie." Unbeknownst to Mattel, Pearl Beach was the trade name under which plaintiff Katherine Walter had done business as a commercial illustrator since 1978. Having learned of Pearl Beach Barbie, plaintiff brought this action alleging misappropriation of her trade name and marks in violation of...

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