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FREECYCLESUNNYVALE v. FREECYCLE NETWORK

No. 08-16382.

626 F.3d 509 (2010)

FREECYCLESUNNYVALE, a California unincorporated association, Plaintiff-counter-defendant-Appellee, v. The FREECYCLE NETWORK, Defendant-counter-claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 24, 2010.

Attorney(s) appearing for the Case

Eric B. Evans (argued), Ian N. Feinberg , Donald M. Falk , John J. Fitzgerald IV of Mayer Brown LLP, for plaintiff-counter-defendant-appellee FreecycleSunnyvale.

Lisa Kobialka (argued), Paul D. Clement , Paul Andre , Meghan Ashley Wharton , and Amy Sun of King & Spalding LLP, for defendant-counter-claimant-appellant The Freecycle Network.

Before: SUSAN P. GRABER, CONSUELO M. CALLAHAN, and CARLOS T. BEA, Circuit Judges.

OPINION

CALLAHAN, Circuit Judge:

FreecycleSunnyvale ("FS") is a member group of The Freecycle Network ("TFN"), an organization devoted to facilitating the recycling of goods. FS filed a declaratory action against TFN arising from a trademark licensing dispute, alleging noninfringement of TFN's trademarks and tortious interference with FS's business relations. FS moved for partial summary judgment on the issue of...

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