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COMEDY III PRODUCTIONS, INC. v. NEW LINE CINEMA

No. 98-55301.

200 F.3d 593 (2000)

COMEDY III PRODUCTIONS, INC., a California corp., Plaintiff-Appellant, v. NEW LINE CINEMA, a Delaware corp., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 11, 2000.

As Amended on Denial of Rehearing and Rehearing February 4, 2000.

Attorney(s) appearing for the Case

Robert N. Benjamin (argued), Caroline H. Mankey, Robert N. Benjamin, A Professional Corporation, for the appellant.

Stacey M. Byrnes (argued), William Grantham, Rosenfeld, Meyer & Susman, LLP, for the appellee.

Before: O'SCANNLAIN, FERNANDEZ, and T.G. NELSON, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc February 4, 2000.

O'SCANNLAIN, Circuit Judge:

We must decide whether a portion of a public domain film used in a motion picture is a trademark capable of protection under the Lanham Act.

I

In 1996, New Line Cinema ("New Line") released the theatrical motion picture, The Long Kiss Goodnight, which contained a clip from The Three Stooges...

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