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RUSSELL ROAD FOOD AND BEVERAGE, LLC v. SPENCER

No. 14-16096.

829 F.3d 1152 (2016)

RUSSELL ROAD FOOD AND BEVERAGE, LLC, a Nevada limited liability company, Plaintiff-Counter-Defendant Appellee, v. Frank SPENCER, an individual; Crazy Horse Consulting, Inc., an Ohio corporation, Defendants-Counter-Claimants Appellants.

United States Court of Appeals, Ninth Circuit.

Filed July 22, 2016.

Attorney(s) appearing for the Case

Kaleb D. Anderson ; Lipson, Neilson, Cole, Seltzer, Garin, P.C., Las Vegas, Nevada; Harold M. Schwarz, III ; Stark & Knoll Co., LPA, Akron, Ohio; for Defendants-Appellants.

Bruno Tarabichi , Owens Tarabichi LLP, San Jose, California; for Plaintiff-Appellee.

Before: John T. Noonan, Kim McLane Wardlaw, and Richard A. Paez, Circuit Judges.

OPINION

Once associated with a legendary Native American leader, "Crazy Horse" is now a registered trademark for "entertainment services, namely, exotic dance performances." We must decide whether Russell Road's use of the mark "Crazy Horse III" for its Las Vegas strip club infringes defendants Frank Spencer and...

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