Acd Distribution LLC v. Wizards of the Coast LLC

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS SEP 3 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ACD DISTRIBUTION LLC, No. 20-35828 20-35986 Plaintiff-Appellant, D.C. No. 2:18-cv-01517-JLR v.

WIZARDS OF THE COAST LLC, MEMORANDUM*

Defendant-Appellee.

Appeal from the United States District Court for the Western District of Washington James L. Robart, District Judge, Presiding

Argued and Submitted August 11, 2021 Seattle, Washington

Before: EBEL,** BRESS, and VANDYKE, Circuit Judges. Dissent by Judge EBEL

ACD Distribution LLC (“ACD”), a Wisconsin distributor, appeals the district

court’s order granting judgment on the pleadings under Federal Rule of Civil

Procedure 12(c) in favor of Wizards of the Coast LLC (“Wizards”), a Washington-

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable David M. Ebel, United States Circuit Judge for the U.S. Court of Appeals for the Tenth Circuit, sitting by designation. based game publisher. ACD also appeals the…