Trudeau

Trudeau v. Direct Marketing Concepts, Inc.

Good Law
90 F. App'x 486
United States Court of Appeals for the Ninth CircuitDecember 22, 2003Nos. 02-56195, 03-55145; D.C. Nos. CV-02-02707-R, CV-02-02707-MLRCalifornia794 words

Opinion

Lead Opinion

MEMORANDUM *

In this consolidated appeal, Kevin Trudeau and Robert R. Barefoot appeal from the district court’s June 4, 2002 Order dismissing their claims against Direct Marketing Concepts, Inc. and Donald Barrett, Jr. (together, “DMC”) for misappropriation of name and likeness and false advertising under the Lanham Act, 15 U.S.C. § 1125 (a), California Civil Code § 3344, and California common law, and awarding costs to DMC in the amount of $26,904.71, pursuant to Rule 41(d) of the Federal Rules of Civil Procedure. Trudeau also appeals from the district court’s June 24, 2002 Order denying him leave to amend as a matter of course, and its December 20, 2002 Order granting a stay of arbitration and retroactively dismissing his state law claims. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we: (1) reverse the district court’s dismissal of Trudeau and Barefoot’s complaint under Fed.R.Civ.P. 12(b)(1) and (b)(6); (2) vacate the district court’s stay of arbitration; (3) reverse the district court’s June 24, 2002 Order denying Trudeau leave to amend his complaint as a matter of course; and (4) vacate the district court’s award of costs.

The district court’s June 4, 2002 Order…

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