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BROTHER RECORDS, INC. v. JARDINE

No. 01-57095.

318 F.3d 900 (2003)

BROTHER RECORDS, INC., a California Corporation, Plaintiff-counter-defendant-Appellee, v. Alan JARDINE, an individual, Defendant-counter-claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 28, 2003.

Attorney(s) appearing for the Case

Jeffrey S. Benice, Irvine, CA, for the defendant-counter-claimant-appellant.

Phillip H. Stillman, Del Mar, CA, Edwin McPherson, McPherson & Kalmansohn, Los Angeles, CA, for the plaintiff-counter-defendant-appellee.

Before PREGERSON, NOONAN, and TASHIMA, Circuit Judges.

OPINION

TASHIMA, Circuit Judge.

Alan Jardine appeals the district court's grant of summary judgment in favor of Brother Records, Inc. ("BRI"), on BRI's Lanham Act, 15 U.S.C. §§ 1051-1129, trademark infringement action alleging that Jardine infringed BRI's "The Beach Boys" trademark. Jardine also appeals the district court's grant of summary judgment in favor of BRI on Jardine's counterclaims that BRI breached a lifetime employment agreement and...

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