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POLAR BEAR PRODUCTIONS, INC. v. TIMEX CORP.

Nos. 03-35188, 03-35245.

384 F.3d 700 (2004)

POLAR BEAR PRODUCTIONS, INC., a Montana corporation, Plaintiff-Appellant, v. TIMEX CORPORATION; Does 1-10, Defendants-Appellees. Polar Bear Productions, Inc., a Montana corporation, Plaintiff-Appellee, v. Timex Corporation, Defendant-Appellant, Does 1-10, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 3, 2004.

As Amended on Denial of Rehearing and Rehearing October 25, 2004.

Attorney(s) appearing for the Case

Robert C. Lukes and Terry J. MacDonald, Missoula, MT, for Polar Bear Productions, Inc.

Roger L. Zissu, John P. Margiotta, New York, NY, and Ronald A. Bender, Missoula, MT, for Timex Corp.

Before BRUNETTI, McKEOWN, and GOULD, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc October 25, 2004.

OPINION

McKEOWN, Circuit Judge:

This intellectual property case pits the sport of extreme kayaking against the iconic American timepiece, Timex. In an effort to update its image, Timex Corporation ("Timex") arranged with Polar Bear Productions ("Polar Bear") to produce film footage featuring some of the stars of whitewater kayaking, paddling through exotic locales in North...

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