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RHOADES v. AVON PRODUCTS, INC.

No. 05-56047.

504 F.3d 1151 (2007)

Dean RHOADES; DermaNew, Inc., a California corporation, Plaintiffs-Appellants, v. AVON PRODUCTS, INC., a New York corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 15, 2007.

Attorney(s) appearing for the Case

Steven A. Freund and Donald B. Rosen, Law Offices of Steven A. Freund, A Professional Corporation; and Howard Posner, Los Angeles, CA, for the plaintiffs-appellants.

Michelle M. Graham, and William R. Golden, Jr., Kelley Drye & Warren, LLP, New York, NY, for the defendant-appellee.

Before: JOHN T. NOONAN, ANDREW J. KLEINFELD, and RICHARD A. PAEZ, Circuit Judges.

PAEZ, Circuit Judge:

In this trademark declaratory relief action, we must decide whether the district court properly dismissed Plaintiffs' case for lack of subject matter jurisdiction. In their complaint, Plaintiffs sought a declaration that several of their trademarks did not infringe on Defendant's registered marks. The jurisdictional issue turns on whether Plaintiffs alleged a constitutionally sufficient case or controversy in their First Amended Complaint ("FAC...

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