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DONCHEZ v. COORS BREWING CO.

No. 03-1462.

392 F.3d 1211 (2004)

Robert DONCHEZ, Plaintiff-Appellant, v. COORS BREWING COMPANY, a Colorado corporation; Foote, Cone & Belding Advertising, a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 22, 2004.

Attorney(s) appearing for the Case

A. Bruce Jones (Craig M.J. Allely and Nicholas M. Billings with him on the briefs), Holland & Hart LLP, Denver, CO, for the plaintiff-appellant.

K. Preston Oade Jr. (Richard L. Gabriel and Michael J. Hofmann with him on the brief), Holme Roberts & Owen LLP, Denver, CO, for the defendants-appellees.

Before BRISCOE, HARTZ and McCONNELL, Circuit Judges.

BRISCOE, Circuit Judge.

Plaintiff Robert Donchez filed suit against defendants Coors Brewing Company (Coors) and Foote Cone & Belding Advertising, Incorporated (FCB), claiming they violated the Lanham Act, federal common law, and Colorado state law by misappropriating for use in a national advertising campaign a unique beer-vending character he had created, as well as a related term, "beerman," that he alleged was associated with the character. The district court...

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