U.S. WHOLESALE OUTLET v. INNOVATION VENTURES

No. 21-55397.

89 F.4th 1126 (2023)

U.S. WHOLESALE OUTLET & DISTRIBUTION, INC.; Trepco Imports and Distribution, Ltd.; L.A. International Corporation; California Wholesale; YNY International, Inc.; Eashou, Inc., dba San Diego Cash and Carry; SaNoor, Inc., dba L.A. Top Distributor, Plaintiffs-Appellants, v. INNOVATION VENTURES, LLC; Living Essentials, LLC, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 20, 2023.

Amended December 22, 2023.


Attorney(s) appearing for the Case

Mark Poe (argued), Randolph Gaw, and Victor Meng , Gaw Poe LLP, San Francisco, California; Thomas C. Goldstein and Erica O. Evans , Goldstein & Russell PC, Bethesda, Maryland; Eric F. Citron , Gupta Wessler PLLC, Washington, D.C.; for Plaintiffs-Appellants.

David C. Frederick (argued), Daniel G. Bird , and Collin R. White , Kellogg Hansen Todd Figel & Frederick PLLC, Washington, D.C.; E. Powell Miller and Martha J. Olijnyk , The Miller Law Firm PC, Rochester, Michigan; Gerald E. Hawxhurst , Hawxhurst Harris LLP, Los Angeles, California; for Defendants-Appellees.

Partial Dissent by Judge Miller.


ORDER

The Opinion filed on July 20, 2023, and published at 74 F.4th 960 (9th Cir. 2023), is amended by the opinion filed concurrently with this order. Further petitions for rehearing or rehearing en banc will not be allowed.

The panel has unanimously voted to deny appellants' petition for rehearing. Judge Ikuta and Judge Miller have voted to deny the petition for rehearing en banc, and Judge Gilman so recommends...

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