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JONESFILM v. LION GATE INTERN.

Docket No. 01-9437.

299 F.3d 134 (2002)

JONESFILM, Plaintiff-Appellant, v. LION GATE INTERNATIONAL, Sterling Home Entertainment, Home Box Office, a division of Time Warner Entertainment Company, L.P., Barnholtz Entertainment, Inc., The Carousel Picture Company Secs, The Carousel Picture Company, Sarl., Southern Pacific Bank, High Concept Productions, Inc., Lewis Horowitz Organization, a division of Southern Pacific Bank and Lion Gate Films, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 14, 2002.

Attorney(s) appearing for the Case

Barry L. Goldin, Allentown, PA (Deyan Ranko Brashich, New York, NY, on the brief), for Plaintiff-Appellant.

Marcia B. Paul (Catherine McHale, on the brief) Kay & Boose, LLP, New York, NY, for Defendants-Appellees.

Before JACOBS, LEVAL, and KATZMANN, Circuit Judges.

KATZMANN, Circuit Judge.

The plaintiff, Jonesfilm, appeals the district court's dismissal of its trademark action against the defendants, who produced and distributed the movie The First 9½ Weeks, for failure to join an indispensable party. The plaintiff alleges that The First 9½ Weeks infringes its trademark in the movie 9½ Weeks. The defendants respond that they purchased the right to make a movie using the trademark 9½...

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