Nos. 00-55363, 00-55834.

265 F.3d 994 (2001)

George DOWNING, an individual; Paul Strauch, an individual; Rick Steere, an individual; Richard Buffalo Keaulana, an individual; Ben Aipa, an individual; Mike Doyle, an individual; Joey Cabell, an individual, Plaintiffs-Appellants, v. ABERCROMBIE & FITCH, an Ohio corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 13, 2001.

Attorney(s) appearing for the Case

Brent H. Blakely, Manhattan Beach, California, for the appellants.

Joel McCabe Smith and David Aronoff, Leopold, Petrich & Smith, P.C., Los Angeles, California, for the appellee.

Before: HUG and B. FLETCHER, Circuit Judges, and KING, District Judge.

HUG, Circuit Judge:

Appellants brought this diversity action against Abercrombie and Fitch ("Abercrombie") for publishing a photograph of them, with identification of their names, for Abercrombie's commercial benefit without the Appellants' authorization. They allege a violation of California's common law and statutory prohibition against misappropriation of a person's name and likeness for commercial purposes, a violation of the Lanham Act for confusion and deception...

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