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JERRY'S FAMOUS DELI, INC. v. PAPANICOLAOU

Nos. 03-55114, 03-55115, 03-55119, 03-56019.

383 F.3d 998 (2004)

JERRY'S FAMOUS DELI, INC., Plaintiff-Appellee, v. Constantino PAPANICOLAOU, d/b/a Roxy's Famous Deli Restaurant, Defendant-Appellant. Jerry'S Famous Deli, Inc., Plaintiff-Appellee, v. Constantino Papanicolaou, d/b/a RMT Roxy's Famous Deli Restaurant, Defendant-Appellant. Jerry'S Famous Deli, Inc., Plaintiff-Appellee, v. Constantino Papanicolaou, d/b/a RMT Roxy's Famous Deli Restaurant, Defendant-Appellant. Jerry's Famous Deli, Inc., Plaintiff-Appellee, v. Constantino Papanicolaou, d/b/a Roxy's Famous Deli Restaurant, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 9, 2004.

Attorney(s) appearing for the Case

Daniel J. McCarthy, Hill, Farrer & Burrill LLP, Los Angeles, CA, for the defendant-appellant.

Steven E. Young, Freeman, Freeman & Smiley, Los Angeles, CA, for the plaintiff-appellee.

Before: McKEOWN, BYBEE, Circuit Judges, and BREYER, District Judge.

McKEOWN, Circuit Judge.

This is the latest round in a protracted trademark dispute between Jerry's Famous Deli ("Jerry's Deli") and Constantino Papanicolaou, the proprietor of Roxy's Famous Deli ("Roxy's Deli"). Both "Famous Delis" are Los Angeles-area restaurants featuring a New York/Broadway theme that includes an extensive menu of deli-style fare, Broadway show posters, celebrity photos, and stage lighting fixtures.

In this appeal, we affirm the district...

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