No. 01-56055
Opinion
Opinion
328 F.3d 1061 KP PERMANENT MAKE-UP, INC, Plaintiff-Counter-Defendant-Appellee, v. LASTING IMPRESSION I, INC; MCN International Inc, Defendants-Counter-Claimants-Appellants, Roes 1 Through 10, inclusive, Counter-Defendant-Appellee. No. 01-56055. United States Court of Appeals, Ninth Circuit. Argued and Submitted October 9, 2002. Filed April 30, 2003. COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED Charles C.H. Wu and C. William Kircher, Jr., Irvine, CA, for the defendants-counter-claimants-appellants. Michael Machat, Beverly Hills, CA, for the plaintiff-counter-defendant-appellee. Appeal from the United States District Court for the Central District of California; Gary L. Taylor, District Judge, Presiding. D.C. No. CV-00-00276-GLT. Before: HUG, BRUNETTI, and O'SCANNLAIN, Circuit Judges. OPINION HUG, Circuit Judge. I. Introduction 1 This case concerns the term "micro colors" 1 and who has the right to use it. Lasting Impression I, Inc., owns an incontestable, registered trademark which consists of the term "micro colors," set in white, within a black box. It is the registration for this composite mark that is the basis of this litigation. 2 K.P. Permanent Make-Up, Inc. ("KP")…