FLEISCHER STUDIOS, INC. v. A.V.E.L.A., INC.

No. 09-56317.

654 F.3d 958 (2011)

FLEISCHER STUDIOS, INC., Plaintiff-Appellant, v. A.V.E.L.A., INC., DBA Art & Vintage Entertainment Licensing Agency; Art-Nostalgia.com, Inc; X One X Movie Archive, Inc; Beverly Hills Teddy Bear Co.; Leo Valencia, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 19, 2011.


Attorney(s) appearing for the Case

Robert P. LoBue (argued), Gloria C. Phares , A. Leah Vickers of Patterson Belknap Webb & Tyler LLP, New York, NY, and Rex S. Heinke of Akin Gump Strauss Hauer & Feld LLP, Los Angeles, CA, for appellant Fleischer Studios, Inc.

Douglas D. Winter (argued) of The Ball Law Firm, LLP, Los Angeles, CA, for appellees A.V.E.L.A., INC., DBA Art & Vintage Entertainment Licensing Agency; et al.

Before: J. CLIFFORD WALLACE and SUSAN P. GRABER, Circuit Judges, and RICHARD MILLS, Senior District Judge.


ORDER

WALLACE, Senior Circuit Judge:

The Opinion filed February 23, 2011, and published at 636 F.3d 1115 (9th Cir. 2011), is hereby withdrawn and superceded by the Opinion filed concurrently herewith.

With the filing of the new opinion, Appellant's pending petitions for rehearing and rehearing en banc are DENIED as moot, without prejudice to refiling a subsequent petition for rehearing and/or rehearing en banc. ...

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