No. 01-56055

408 F.3d 596 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. May 19, 2005. COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED Charles C.H. Wu and Mark H. Cheung, Irvine, CA, for the defendants-counterclaimants-appellants. Michael Machat, Beverly Hills, CA, for the plaintiff-counter-defendant-appellee. On Remand from the United States Supreme Court. Before HUG, BRUNETTI, and O'SCANNLAIN, Circuit Judges. OPINION HUG, Circuit Judge. I. Introduction 1 This case concerns the term "micro colors" and who has the right to use it. The parties use the term "micro color," "microcolor," and "micro colors" interchangeably. For purposes of this opinion, we will refer to the term as "micro color" or "micro colors." The minor difference in these terms has no significance in this action. 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…