Hulett

MEMORANDUM *

This suit involves the use and ownership of the service mark “Concerts West.” Appellants are the beneficiaries of the Hulett Family Trust. They argue that the “Concerts West” mark was part of the trust assets and passed into their control upon the dissolution of the trust. Appellee AEG Concerts, LLC (“AEG”) also asserts ownership of the mark.

In 2002, AEG brought suit against Appellants for cybersquatting and sought declaratory relief regarding ownership of the “Concerts West” mark. Appellants responded with a suit of their own against AEG and others, stating claims of service mark infringement and fraud. Additionally, they brought a breach of fiduciary duty claim against William McKenzie, the trustee of the Hulett Family Trust, arguing that he failed to protect their interest in the mark and conspired with the other defendants to deprive them of their inter *598 est. Appellees brought a motion for summary judgment, which District Judge Feess granted. Appellants brought this appeal. We have jurisdiction based on 28 U.S.C. § 1291 , and we affirm.

Appellants have failed to establish a material issue of fact regarding their rights to or ownership of the mark.…