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INTERNET SPECIALTIES WEST v. MILON-DIGIORGIO ENTERPRISES, INC.

Nos. 07-55087, 07-55199.

559 F.3d 985 (2009)

INTERNET SPECIALTIES WEST, INC., a California corporation, Plaintiff-Appellee, v. MILON-DIGIORGIO ENTERPRISES, INC., a California corporation, Defendant-Appellant. Internet Specialties West, Inc., a California corporation, Plaintiff-Appellant, v. ISPwest, a California company; Milon-DiGiorgio Enterprises Inc., a California corporation; AceWeb Internet, a California company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 17, 2009.

Attorney(s) appearing for the Case

William E. Lloyd, Jr., Law Office of William E. Lloyd, Beverly Hills, CA, for defendant-appellant Milon-DiGiorgio Enterprises, Inc.

William A. Delgado, Willenken Wilson Loh & Lieb, LLP, Los Angeles, CA, for plaintiff-appellee Internet Specialties West, Inc.

Before B. FLETCHER, ANDREW J. KLEINFELD, and JOHNNIE B. RAWLINSON, Circuit Judges.

OPINION

Betty B. FLETCHER, Circuit Judge:

Milon-Digiorgio Enterprises, Inc. ("MDE") appeals the district court's grant of an injunction against any further use of its registered domain name, "ISPWest.com." MDE asserts three challenges to the injunction: 1) that the jury's finding of trademark infringement, which gave rise to the injunction, was the result of an improper jury instruction; 2) that the district court erred in finding that the plaintiff's claim...

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