Welles

Playboy Enterprises, Inc. (PEI), appeals the district court’s grant of summary judgment as to its claims of trademark infringement, unfair competition, and breach of contract against Terri Welles; Terri Welles, Inc.; Pippi, Inc.; and Welles’ current and former “webmasters,” Steven Huntington and Michael Mihalko. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm in part and reverse in part.

In a separate memorandum disposition, we resolve Welles’ cross-appeal of the district court’s grant of summary judgment as to her counterclaims for defamation, intentional infliction of emotional distress, unfair competition, and interference with prospective economic advantage. Welles, Huntington and Mihalko also appeal the district court’s denial of their requests for attorney’s fees. We resolve that issue in the memorandum disposition as well.

I.

Background

Terri Welles was on the cover of Playboy in 1981 and was chosen to be the Playboy Playmate of the Year for 1981. Her use of the title “Playboy Playmate of the Year 1981,” and her use of other trademarked terms on her website are at issue in this suit. During the relevant time period, Welles’ website offered information…