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PLAYBOY ENTERPRISES v. NETSCAPE COMMUNICATIONS

Nos. 00-56648, 00-56662.

354 F.3d 1020 (2004)

PLAYBOY ENTERPRISES, INC., Plaintiff-Appellant, v. NETSCAPE COMMUNICATIONS CORPORATION, Defendant-Appellee. Playboy Enterprises International, Inc., Plaintiff-Appellant, v. Excite, Inc., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 14, 2004.

Attorney(s) appearing for the Case

Barry G. Felder, Brown Raysman Millstein Felder & Steiner LLP, Los Angeles, CA, for the plaintiff-appellant.

Jeffrey K. Riffer, Stanely M. Gibson and Jim D. Bauch, Jeffer, Mangels, Butler & Marmaro LLP, Los Angeles, CA, for the defendants-appellees.

Before: B. FLETCHER, T.G. NELSON, and BERZON, Circuit Judges.

T.G. NELSON, Circuit Judge.

Playboy Enterprises International, Inc. (PEI) appeals from the district court's grant of summary judgment in favor of Netscape Communications Corporation and Excite, Inc. PEI sued defendants for trademark infringement and dilution. We have jurisdiction pursuant to 28 U.S.C. § 1291. Because we conclude that genuine issues of material fact preclude summary judgment on both the trademark infringement and dilution claims, we reverse and...

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