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STONE CREEK, INC. v. OMNIA ITALIAN DESIGN, INC.

Nos. 15-17418, 16-15304.

875 F.3d 426 (2017)

STONE CREEK, INC., an Arizona corporation, Plaintiff-Appellant, v. OMNIA ITALIAN DESIGN, INC., a California corporation, Defendant-Appellee. Stone Creek, Inc., an Arizona corporation, Plaintiff, and Adam Smith; Corey Eschweiler; Joshua Lloyd Benson; Mark Douglas Chester, Appellants, v. Omnia Italian Design, Inc., a California corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 11, 2017.

Amended August 30, 2017.

Attorney(s) appearing for the Case

Joshua L. Benson (argued) and Cory M. Eschweiler , Glen Lerner Injury Attorneys, Las Vegas, Nevada, for Plaintiff-Appellants.

Daniel C. DeCarlo (argued), Brittany H. Bartold , Daniel R. Lewis , and Jeffry A. Miller , Lewis Brisbois Bisgaard & Smith LLP, Los Angeles, California, for Defendant-Appellee.

Before: M. Margaret McKeown and Consuelo M. Callahan, Circuit Judges, and Gordon J. Quist, District Judge.

ORDER

The opinion filed on July 11, 2017, and appearing at 862 F.3d 1131, is hereby amended as follows: on page 1140, "Omnia asserts that its use of Stone Creek's mark is protected under the Tea Rose-Rectanus doctrine and argues that we may affirm the district court's judgment of no liability on this alternative basis." is replaced with "The Tea Rose-Rectanus doctrine is an affirmative defense separate and apart from...

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