Spangler

*326 MEMORANDUM **

Eric “Kiki” Spangler and Steven Bigler (“the Appellants”) appeal the district court’s grant of summary judgment and attorney’s fees in favor of Abercrombie & Fitch, Inc. The district court concluded that the Appellants’ claims were barred by a one-year statute of limitation and by other affirmative defenses raised by Abercrombie. We reverse in part and affirm in part. We vacate the district court’s award of attorney’s fees and remand for further proceedings.

I

The district court dismissed the Appellants’ claims on the grounds of four affirmative defenses raised by Abercrombie in both this case and a companion case, Downing v. Abercrombie & Fitch, 265 F.3d 994 (9th Cir.2001). We are bound by the Dovming court’s determination that the Dovming plaintiffs’ nearly identical claims were not barred by the First Amendment, id. at 1001-03 , by federal preemption under the Copyright Act, id. at 1003-05 , by California choice of law principles, id. at 1005-07 , or by the Lanham Act, id. at 1003-05 . Consequently, we reverse the district court’s dismissal of the appellants’ claims on these grounds.

II

We review de novo a district court’s determination that a claim is…