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SURFVIVOR MEDIA, INC. v. SURVIVOR PRODUCTIONS

No. 02-17064.

406 F.3d 625 (2005)

SURFVIVOR MEDIA, INC.; Peter S. Deptula, Plaintiffs-Appellants, v. SURVIVOR PRODUCTIONS; CBS Broadcasting Inc.; CBS Worldwide, Inc.; WPC Brands, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted May 14, 2004.

Filed May 4, 2005.

Attorney(s) appearing for the Case

Paul Maki, Honolulu, HI, for the plaintiffs-appellants.

Andrew M. White, White O'Connor Curry & Avanzado LLP, Los Angeles, CA, for the defendants-appellees.

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

RAWLINSON, Circuit Judge:

Plaintiffs-Appellants Surfvivor Media, Inc., and Peter S. Deptula (collectively Surfvivor or Deptula) appeal the grant of summary judgment in favor of Defendants-Appellees Survivor Productions, L.L.C., et al. (collectively Survivor), on Surfvivor's federal and state trademark infringement claims. Surfvivor also challenges the magistrate judge's ruling limiting discovery to allow examination of only certain Survivor goods.

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