Wendt

Actors George Wendt and John Ratzenberger appeal the district court’s grant of *809 summary judgment in favor of Host International, Inc. (“Host”) and applicant in intervention Paramount Pictures Corporation (“Paramount”), dismissing their action for violations of the Lanham Act, 15 U.S.C. § 1125 (a), and California’s statutory and common law right of publicity. We reverse.

I.OVERVIEW

Wendt and Ratzenberger argue that the district court erred in dismissing their action because they have raised issues of material fact as to whether Host violated their trademark and publicity rights by creating animatronic robotic figures (the “robots”) based upon their likenesses without their permission and placing these robots in airport bars modeled upon the set from the television show Cheers. They also appeal the district court’s orders excluding appellants’ survey evidence, barring presentation of expert testimony, and awarding Host and Paramount attorney’s fees. We have jurisdiction, 28 U.S.C. § 1291 , and we reverse and remand for trial.

II.PROCEDURAL HISTORY

In Wendt v. Host, 1995 WL 115571 (9th Cir.1995) (“Wendt I ”), we reversed the first grant of summary judgment in this action and…