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EAGLES, LTD. v. AMERICAN EAGLE FOUNDATION

No. 02-5560.

356 F.3d 724 (2004)

EAGLES, LTD. and Eagles Recording Co., Plaintiffs-Appellees, v. AMERICAN EAGLE FOUNDATION f/k/a National Foundation to Protect America's Eagles, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed January 29, 2004.

Attorney(s) appearing for the Case

Daniel M. Petrocelli (briefed), Carla J. Christofferson (argued and briefed), O'Melveny & Myers, Los Angeles, CA, Michael J. Avenatti, Green, Broillet, Panish & Wheeler, Santa Monica, CA, for Appellees.

Kelli L. Thompson, Baker, Donelson, Bearman & Caldwell, Knoxville, TN, for Defendant-Appellant.

Before ROGERS and COOK, Circuit Judges; COHN, District Judge.

OPINION

AVERN COHN, District Judge.

This is a trademark case. Defendant American Eagle Foundation (AEF) appeals from the district court's denial of its motion for attorney's fees and costs under 15 U.S.C. § 1117(a) and 28 U.S.C. § 1927 and the district court's denial of its motion to order the Patent and Trademark Office (PTO) to dismiss a trademark opposition filed by plaintiffs based on the dismissal of the district court action. AEF says that...

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