P AND P IMPORTS LLC v. JOHNSON ENTERPRISES, LLC

No. 21-55013, No. 21-55323.

46 F.4th 953 (2022)

P AND P IMPORTS LLC, a California limited liability company, Plaintiff-Appellant, v. JOHNSON ENTERPRISES, LLC, DBA Tailgating Pros, a Virginia limited liability company, Defendant-Appellee, and Does, 1-10, inclusive, Defendant. P and P Imports LLC, a California limited liability company, Plaintiff-Appellee, v. Johnson Enterprises, LLC, DBA Tailgating Pros, a Virginia limited liability company, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 24, 2022.


Attorney(s) appearing for the Case

Mark R. Yohalem (argued), Wilson Sonsini Goodrich & Rosati, Los Angeles, California; Xiaonan April Hu , Munger Toller & Olson LLP, Washington, D.C.; Casey H. Kempner , P&P Imports LLP, Irvine, California; for Plaintiff-Appellant/Cross-Appellee.

James E. Doroshow (argued), Fox Rothschild LLP, Los Angeles, California, for Defendant-Appellee/Cross-Appellant.

Before: A. Wallace Tashima and Kenneth K. Lee, Circuit Judges, and Kathleen Cardone, District Judge.


OPINION

Imitation may be the sincerest form of flattery but that does not shield someone from being sued for it. Two competing companies created their own three-feet-wide versions of Connect 4, the classic game in which players drop colored plastic coins into an upright game board in hopes of lodging four coins in a...

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