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RUDOLPH INTERN., INC. v. REALYS, INC.

No. 05-55605.

482 F.3d 1195 (2007)

RUDOLPH INTERNATIONAL, INC., a California corporation, d/b/a Soft Touch Professional Beauty Products, Plaintiff-Appellant, v. REALYS, INC., a California corporation, a/k/a Tropical Shine; Michael Falley, individually and as alter ego of Realys, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 12, 2007.

Attorney(s) appearing for the Case

Lawrence E. Heller, Heller & Edwards, Beverly Hills, CA, for the plaintiff-appellant.

Darrell L. Olson, Knobbe, Martens, Olson & Bear, LLP, Irvine, CA, and Valerie L. Kramer, Heinly, Benson, Killian & Kramer, Tustin, California, for the defendants-appellees.

Before BEEZER and REINHARDT, Circuit Judges, and THELTON E. HENDERSON, District Judge.

BEEZER, Circuit Judge.

In this trademark infringement case, Plaintiff Rudolph International, Inc. ("Rudolph") appeals the district court's grant of summary judgment to Defendant Realys, Inc. ("Realys"). The district court held that the mark "disinfectable" is generic in the parties' line of business and cannot be the subject of trademark protection. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

I

Rudolph and Realys manufacture...

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