Oskar

Far Out Productions, Inc. filed suit against Howard Scott, an original member of the musical group “WAR,” and other artists with whom Scott was performing, alleging infringement of the federally-registered trademark “WAR.” Scott responded by filing a counterclaim alleging, inter alia, fraud, conversion, and trademark infringement. Harold Brown, another original member of the group, filed a direct action against Far Out Productions and its president Jerry Goldstein (collectively, “the appellees”), alleging that the appel-lees had obtained the trademark fraudulently. The cases were consolidated, and Scott and Brown (“the appellants”) appeal the district court’s orders: (1) denying the appellants’ motion for summary judgment; (2) granting the appellees’ motion for summary judgment; and (3) denying the appellants’ motion for a new trial. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I. BACKGROUND

A. Factual Background

In the late 1960s, the appellee Jerry Goldstein, Steven Gold, and Eric Burdon, the former lead singer of a British band known as The Animals, formed Far Out Productions, Inc., Far Out Music, Inc., and Far Out Management, Ltd. (collectively, “the…