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ART ATTACKS INK, LLC v. MGA ENTERTAINMENT INC.

No. 07-56110.

581 F.3d 1138 (2009)

ART ATTACKS INK, LLC, a California limited liability company, Plaintiff-Appellant, v. MGA ENTERTAINMENT INC., a California corporation; Isaac Larian, an individual, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 16, 2009.

Attorney(s) appearing for the Case

Michael W. Quade, Quade & Associates, San Diego, CA, for the plaintiff-appellant.

Craig Holden, MGA Entertainment, Inc., Van Nuys, CA, for the defendant-appellee.

Before HARRY PREGERSON, DOROTHY W. NELSON and DAVID R. THOMPSON, Circuit Judges.

PREGERSON, Circuit Judge:

I. Introduction

Art Attacks Ink, LLC ("Art Attacks") brought suit against MGA Entertainment Inc. ("MGA"), alleging copyright, trademark, and trade dress infringement. A jury found for MGA on the trademark claim, but could not reach a verdict on the remaining claims. MGA then moved for judgment as a matter of law under Federal Rule of Civil Procedure 50(b). The district court granted the motion and Art Attacks timely appealed. We...

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