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M2 SOFTWARE, INC. v. MADACY ENTERTAINMENT

No. 03-55957.

421 F.3d 1073 (2005)

M2 SOFTWARE, INC., A DELAWARE CORPORATION, Plaintiff-Appellant, v. MADACY ENTERTAINMENT, A CORPORATION e/s/a Madacy Entertainment Group, Inc.; Handleman Company, a corporation; SFX Entertainment, a corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 31, 2005.

Attorney(s) appearing for the Case

Mark L. Pettinari, San Francisco, CA (argued), and Toula Arvanitis-Dalpe, Anahem Hills, CA (brief), for the plaintiff-appellant.

Robert H. Rotstein, McDermott, Will & Emery, Los Angeles, CA, for the defendants-appellees.

Before PREGERSON, CANBY, JR., and BEEZER, Circuit Judges.

PREGERSON, Circuit Judge.

I. OVERVIEW

Plaintiff-Appellant M2 Software, Inc. ("M2 Software") is the owner of M2, a federally registered trademark that is used in conjunction with business management and interactive media application goods and services for the film and music industry. Defendants-Appellees Madacy Entertainment, Handleman Company, and SFX Entertainment (collectively, "Madacy") began using M2 Entertainment as a trademark...

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