Brother Records, Inc. v. Alan Jardine

318 F.3d 900 BROTHER RECORDS, INC., a California Corporation, Plaintiff-counter-defendant-Appellee, v. Alan JARDINE, an individual, Defendant-counter-claimant-Appellant. No. 01-57095. United States Court of Appeals, Ninth Circuit. Argued and Submitted November 6, 2002. Filed January 28, 2003. Jeffrey S. Benice, Irvine, CA, for the defendant-counter-claimant-appellant. Phillip H. Stillman, Del Mar, CA, Edwin McPherson, McPherson & Kalmansohn, Los Angeles, CA, for the plaintiff-counter-defendant-appellee. Appeal from the United States District Court for the Central District of California; Harry L. Hupp, District Judge, Presiding. D.C. No. CV-99-03829-HLH. Before PREGERSON, NOONAN, and TASHIMA, Circuit Judges. OPINION TASHIMA, Circuit Judge. 1 Alan Jardine appeals the district court's grant of summary judgment in favor of Brother Records, Inc. ("BRI"), on BRI's Lanham Act, 15 U.S.C. §§ 1051-1129 , trademark infringement action alleging that Jardine infringed BRI's "The Beach Boys" trademark. Jardine also appeals the district court's grant of summary judgment in favor of BRI on Jardine's counterclaims that BRI breached a lifetime employment agreement and license…