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ONE INDUSTRIES, LLC v. JIM O'NEAL DISTRIBUTING

No. 08-55316.

578 F.3d 1154 (2009)

ONE INDUSTRIES, LLC, a limited liability company, Plaintiff-counter-defendant-Appellee, v. JIM O'NEAL DISTRIBUTING, INC., a corporation, Defendant-counter-claim-3rd-party-plaintiff-Appellant, v. Marc Blanchard; Ludovic Boinnard, Third-party-defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 24, 2009.

Attorney(s) appearing for the Case

R. Joseph Trojan, Trojan Law Offices, Beverly Hills, CA, argued the cause for Jim O'Neal Distributing, Inc., and filed the briefs.

Jonathan Hangartner, X-Patents, APC, La Jolla, CA, argued the cause for One Industries, LLC, Marc Blanchard, and Ludovic Boinnard and filed the brief.

Opinion by Judge O'SCANNLAIN; Partial Concurrence and Partial Dissent by Judge GRABER.

O'SCANNLAIN, Circuit Judge:

We venture into the world of motocross racing to determine whether federal trademark law protects a motorcycle apparel company's use of a stylized "O" on its products.

I

A

Motocross is a popular form of off-road, rough terrain motorcycle racing. Jim O'Neal Distributing, Inc. ("O'Neal"), is a leader in the industry. Founded in 1970, O'Neal equips riders with boots, jerseys, helmets, and other racing indispensables...

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