Fleischer Studios, Inc. v. AVELA, INC.
Opinion
Opinion
Douglas D. Winter (argued) of The Ball Law Firm, LLP, Los Angeles, CA, for appellees A.V.E.L.A., INC., DBA Art & Vintage Entertainment Licensing Agency; et al.
Before: J. CLIFFORD WALLACE and SUSAN P. GRABER, Circuit Judges, and RICHARD MILLS, Senior District Judge. [*]
WALLACE, Senior Circuit Judge:
The Opinion filed February 23, 2011, and published at 636 F.3d 1115 (9th Cir. 2011), is hereby withdrawn and superceded by the Opinion filed concurrently herewith.
With the filing of the new opinion, Appellant's pending petitions for rehearing and rehearing en banc are DENIED as moot, without prejudice to refiling a subsequent petition for rehearing and/or rehearing en banc. See 9th Cir. G.O. 5.3(a).
This appeal stems from the district court's summary judgment dismissing Fleischer Studios, Inc.'s (Fleischer) copyright and trademark infringement action. The district court ruled that Fleischer held neither a valid copyright nor a valid trademark in the Betty Boop cartoon character and thus lacked standing to sue. Fleischer appeals. The district court had jurisdiction pursuant to 28 U.S.C. § 1338 (a), and our jurisdiction arises under 28 U.S.C. § 1291 . We affirm.