Sierra On-Line, Inc. v. Phoenix Software, Inc.
Court of Appeals for the Ninth Circuit
1Opinion of the Court
WISDOM, Senior Circuit Judge:
This appeal arises out of a dispute over the right to use the term “Hi-Res Adventure” to identify home computer strategy games with high-resolution (hi-res) graphic displays. 1 The defendant, Phoenix Software, Inc. (Phoenix), appeals from an order denying reconsideration of a preliminary injunction, and also denying its motion for summary judgment. We affirm the preliminary injunction in favor of the plaintiff, Sierra On-Line, Inc. (Sierra), and dismiss the remainder of the appeal for lack of jurisdiction.
I
Sierra is a manufacturer of computer software. Since 1980…
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