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ELVIS PRESLEY ENTERPRISES, INC. v. PASSPORT VIDEO

No. 02-57011.

357 F.3d 896 (2004)

ELVIS PRESLEY ENTERPRISES, INC., a Tennessee corporation; National Bank of Commerce, trustee of the Promenade Trust; Sofa Entertainment, Inc., a California corporation; Jane Meadows Allen, trustee of the Allen Family Revocable Living Trust; Jerry Leiber, individually dba Jerry Leiber Music; Mike Stoller, individually dba Mike Stoller Music; Julian J. Aberbach, an individual; Alfred Wertheimer, an individual, Plaintiffs-Appellees, v. PASSPORT VIDEO, a business of unknown form and origin; Passport International Productions, Inc., a California corporation; Passport International Productions of California, Inc., a California corporation; Dante J. Pugliese, an individual, Defendants-Appellants. and Does, 1 through 10, inclusive; Passport Entertainment, a California corporation, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed November 6, 2003.

Amended Dissent February 6, 2004.

Attorney(s) appearing for the Case

Michael R. Blaha, Santa Monica, CA, for the defendants-appellants.

George R. Hedges and Kristen Bird, Quinn Emanuel Urquhart Oliver & Hedges, LLP, Los Angeles, CA, for the plaintiffs-appellees.

Before: NOONAN, TALLMAN, and RAWLINSON, Circuit Judges.

NOONAN, Circuit Judge, dissenting:

AMENDED DISSENT

The district court has misstated critical facts and has misstated the governing law. For these reasons, we should reverse its grant of a preliminary injunction.

The Facts. That the plaintiffs hold copyrighted materials and the defendant used portions of them were not and are not disputed facts. Passport's principal defense was that its use of the...

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