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DIRECT TECHNOLOGIES, LLC v. ELECTRONIC ARTS, INC.

No. 14-56266, No. 14-56745.

836 F.3d 1059 (2016)

DIRECT TECHNOLOGIES, LLC, a California limited liability company, Plaintiff-Appellant, v. ELECTRONIC ARTS, INC., a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 6, 2016.

Attorney(s) appearing for the Case

John Tehranian (argued), Christopher W. Arledge , and Peter R. Afrasiabi , One LLP, Newport Beach, California, for Plaintiff-Appellant.

Robert N. Klieger (argued), Hueston Hennigan LLP, Los Angeles, California, for Defendant-Appellee.

Before: Alex Kozinski, Ronald M. Gould, and Andrew D. Hurwitz, Circuit Judges.

OPINION

Electronic Arts (EA) is the creator of The Sims, a popular computer game. EA contracted with a production company called Lithomania to produce a USB flash drive shaped like a "PlumbBob," a gem-shaped icon from the computer game, to promote a "Collector's Edition...

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