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INTERSTELLAR STARSHIP SERVICES, LTD. v. EPIX, INC.

No. 01-35155.

304 F.3d 936 (2002)

INTERSTELLAR STARSHIP SERVICES, LIMITED, Plaintiff-counter-defendant-Appellee, Michael R. TCHOU, Counter-claimant-Appellee, and United States of America, Intervenor, v. EPIX, INCORPORATED, an Illinois corporation, Defendant-counter-claimant Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 20, 2002.

Attorney(s) appearing for the Case

Sheldon L. Epstein, Law Office of S.L. Epstein, Wilmette, IL, for the defendant-counter-claimant-appellant.

Peter E. Heuser, Kolisch, Hartwell, Dickinson, McCormack & Heuser, Portland, OR, for the defendant-counter-claimant-appellant.

Lainie F. Block, Portland, OR, for the defendant-counter-claimant-appellant.

Michael M. Ratoza and Laura Caldera Taylor, Ratoza Long, P.C., Portland, OR, for the plaintiff-counter-defendant-appellee and counter-claimant-appellee.

Before: TROTT, T.G. NELSON, Circuit Judges, and SHADUR, District Judge.

TROTT, Circuit Judge.

Epix, Inc. ("Epix") sued Interstellar Starship Services ("ISS") and its president Michael Tchou ("Tchou") in district court alleging that their use of the www.epix.com domain name infringed Epix's registered EPIX trademark. The district court enjoined ISS and Tchou from future infringing uses of www.epix.com but allowed ISS to retain ownership of the domain name. Epix appeals, contesting the district court's failure to find that...

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