FOR PUBLICATION

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

PUNCHBOWL, INC., a Delaware No. 21-55881 corporation, D.C. No. Plaintiff-Appellant, 2:21-cv-03010- v. SVW-MAR

AJ PRESS, LLC, a Delaware limited liability company, ORDER

Defendant-Appellee.

Filed September 1, 2023

Before: John B. Owens and Daniel A. Bress, Circuit Judges, and Sidney A. Fitzwater, * District Judge.

ORDER

In light of the Supreme Court’s decision in Jack Daniel’s Properties, Inc. v. VIP Products, LLC, 599 U.S. 140 (2023), the decision in this case, Punchbowl, Inc. v. AJ Press, LLC, 52 F.4th 1091 (9th Cir. 2022), is withdrawn. This matter will be set for re-argument via separate order.

* The Honorable Sidney A. Fitzwater, United States District Judge for the Northern District of Texas, sitting by designation.