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FOLKENS v. WYLAND WORLDWIDE, LLC

No. 16-15882.

PIETER A. FOLKENS, DBA A Higher Porpoise Design Group, Plaintiff-Appellant, v. WYLAND WORLDWIDE, LLC, a California Corporation; WYLAND GALLERIES, INC., a California Corporation; SIGNATURE GALLERY GROUP, INC., DBA Wyland Galleries, a Nevada Corporation; (NFN) WYLAND, AKA Robert Thomas Wyland, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 2, 2018.

Attorney(s) appearing for the Case

Geoffrey Wm. Steele (argued), Karl Folkens , Scott D. Reep , and Stephen Gizzi , Gizzi Reep Foley, Benicia, California, for Plaintiff-Appellant.

Marc Dale Risman (argued), Henderson, Nevada, for Defendants-Appellees.

Before: Ronald M. Gould and Mary H. Murguia, Circuit Judges, and James E. Gritzner, District Judge.

OPINION

Plaintiff Peter A. Folkens ("Folkens") alleges that Defendant Robert T. Wyland ("Wyland") infringed on his pen and ink depiction of two dolphins crossing underwater. Folkens contends that Wyland's depiction of an underwater scene infringes on his drawing by copying the crossing dolphins, and that the similar...

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