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JACK RUSSELL v. AMERICAN KENNEL CLUB

Nos. 02-17264, 03-15345.

407 F.3d 1027 (2005)

The JACK RUSSELL TERRIER NETWORK OF NORTHERN CALIFORNIA, a California non-profit corporation; Claudia Sprague; Georgia Fisher, Plaintiffs-Appellants, v. AMERICAN KENNEL CLUB, INC., a New York not-for-profit corporation; The Jack Russell Terrier Club of America, a Kentucky non-profit corporation, Defendants-Appellees. The Jack Russell Terrier Network of Northern California, a California non-profit corporation; Claudia Sprague; Georgia Fisher, Plaintiffs-Appellees, v. American Kennel Club, Inc., a New York not-for-profit corporation, Defendant, and The Jack Russell Terrier Club of America, a Kentucky non-profit corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 17, 2005.

Attorney(s) appearing for the Case

Malcolm A. Misuraca, Law Offices of Malcolm A. Misuraca, Newport Beach, CA, Victoria E. Brieant, Stroock & Stroock & Lavan LLP, Miami, FL, for the plaintiffs-appellants.

Eric R. Haas, Charles A. Alfonzo, Burnham Brown LLP, Oakland, CA, for the defendants-appellees.

Before: D.W. NELSON, KLEINFELD, and GOULD, Circuit Judges.

GOULD, Circuit Judge:

We must decide whether a complaint alleging a national dog club's policy banning members that register their dogs with an alternative club raises cognizable claims of group boycott pursuant to the Sherman Act. We must also decide whether Appellants' claim of false advertising pursuant to the Lanham Act was properly dismissed for lack of standing after trial.

The Jack Russell Terrier Network of Northern California ("JRTNNC") and individual...

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